JAVID AHMAD MIR Vs. U.T. OF J&K

JUDGEMENT

(1.) The present petition has been preferred by the detenue-Javed Ahmad Mir S/o Late Abdul Rehman Mir R/o Sarhandi Colony, Khonmoh, Srinagar through his wife Mst. SahistaBano, challenging his order of detention No. DMS/PSA/50/2019 dtd. 8/8/2019, passed by the District Magistrate, Srinagar, detaining him under Sec. 8(a) of the Jammu and Kashmir Public Safety Act, 1978.

(2.) This order of detention has been assailed by the detenue on the ground that (i) the order of detention was passed on 8/8/2019 but the same was executed only on 30/3/2022, thus, the order of detention had already outlived its utility and, as such, the detention order is required to be set aside; (ii) the allegations made in the grounds of detention are too vague and cryptic and against the same no prudent man can make an effective representation; (iii) the detenue was already in custody in FIR No. 55 of 2019, at the time when the detention order was passed but there is delay still in the execution of the detention order which has vitiated the impugned order; (iv) the detaining authority has not furnished all the relevant material for passing the order of detention; (v) the grounds of detention have not been prepared by the detaining authority itself while passing the order of detention; (vi) the detenue has been prevented from making an effective representation and was not informed of his rights to make a representation before the competent authority which violates the Constitutional and Statutory rights guaranteed to him; (vii) the detenue had moved a representation before the respondent No. 2 but the same has not been considered, as such, non-consideration of the representation violates the constitutional and procedural safeguards provided to the detenue under Article 22 of the Constitution of India and Sec. 13 of the Public Safety Act.

(3.) Mr. Sajad Ashraf, learned G.A has filed counter affidavit as well as produced the detention record.