DANISH ABDULLAH BHAT Vs. UT OF J&K

JUDGEMENT

(1.) Challenge in this petition is to the order No.27/DMB/PSA/DET/ 2021 dtd. 30/6/2021, issued by District Magistrate, Anantnag-respondent No.2 herein, in terms whereof, Danish Abdullah Bhat S/o Mohammad Abdullah Bhat R/o Bhagwanpora Verinag District Anantnag (hereinafter referred to as the detenue), has been placed under preventive custody and lodged in Central Jail, Jammu (Kotbhalwal).

(2.) Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that the Constitutional and procedural safeguards have not been complied with in the instant case. It has also been urged that the allegations made against the detenue in the grounds of detention are vague; that there has been non-application of mind on the part of detaining authority; that the material forming the basis of the impugned order of detention and translated version thereof has not been provided to the detenue who is a semi-literate person. Petitioner has further contended that the detaining authority has not spelt out the compelling reasons while passing the impugned order.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind on the part of the Detaining Authority while passing the impugned order and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.