PARVAIZ AHMAD KHOJA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner has questioned the order of detention bearing No. 07-DMK/PSA of 2021 dtd. 13/3/2021 issued by District Magistrate, Kupwara - respondent No. 2 (for short detaining authority) by virtue of which the petitioner (for short "detenue") has been ordered to be detained under the Jammu and Kashmir Public Safety Act, 1978 (for short "THE ACT").

(2.) It is stated in the petition that the detenue was initially arrested and was falsely implicated in FIR bearing No. 05/2019 registered in Police Station, Keran, for the commission of offence under Sec. " Explosive Substance Act. He has already been bailed out in the said FIR but not released. During his continuation of arrest in the above mentioned FIR, the detenue was detained under the Act vide Order No. 02-DMK/PSA of 2020 dtd. 22/2/2020. The said order of detention was challenged by the detenue through the medium of writ petition bearing WP(Crl) No. 41/2020 and the said order was quashed by virtue of the judgment dtd. 26/2/2021. It is further stated that the detenue was not released and the respondents passed another detention order, impugned in the instant petition. Further, it is stated that the detenue has filed representation against his detention but the same has not been considered by the authorities.

(3.) The detenue has questioned the impugned order of detention INTER ALIA on the grounds that the constitutional as well as procedural safeguards as envisaged under the Constitution of India as well as under the Act have not been complied with by the Detaining Authority while passing the order of detention. The order of detention was neither referred to the Advisory Board nor was approved within the stipulated time. No material that has been relied upon by the Detaining Authority has been furnished to the detenue thereby depriving him of his valuable right of making effective representation against preventive detention. The order of detention has been passed after a gap of more than 18 months, as such, the order of detention has been passed on stale grounds. The detenue has also placed on record earlier order of detention along-with grounds of detention.