AASHIQ HUSSAIN MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) 1. Through the medium of this writ petition, Order No. 07- DMG-PSA-2021 dtd. 22/10/2021, passed by District Magistrate, Ganderbal, whereby detenu, namely, Ashiq Hussain Mir S/o Farooq Ahmad Mir R/o Shahpora Buderkund, District Ganderbal, has been placed under preventive detention with a view to prevent him from indulging in the activities which are prejudicial to the security of the country particularly the UT of J&K, is sought to be quashed and the detenu set at liberty on the grounds made mention of therein.

(2.) I have heard learned counsel for the parties and considered the matter.

(3.) The main grounds on which the detention is sought to be quashed are that the grounds of detention are vague, indefinite and cryptic, inasmuch as the material particulars of the persons with whom detenu is alleged to be associated, as mentioned in the grounds of detention, have not been given, which prevented him from making an effective representation against his detention. It is also contended that the allegations made in the grounds of detention have no nexus with detenu and detaining authority has not given any reasonable justification to pass impugned order of detention. It is stated that the material relied upon including dossier by the detaining authority to pass detention order has not been furnished to the detenu to enable him to make an effective representation against his detention, as a consequence of which impugned order of detention is liable to be quashed.