JUDGEMENT
MOKSHA KHAJURI KAZMI, J. -
(1.)In the instant petition, impugned is the detention order bearing No.11-DMK/PSA of 2021 dtd. 17/10/2021, is challenged and sought to be quashed by the petitioner, the father of the detenue. In terms of said order, Javid Ismail Bara son of Mohammad Ismail Bara resident of Reddi Chokibal Tehsil Kralpora, District Kupwara (hereinafter referred to as the detenue), has been taken into preventive custody by invoking powers under Sec. 8 of the J&K Public Safety Act.
(2.)The challenged to the impugned order is made on the grounds that the procedural safeguards prescribed under the J&K Public Safety Act have not been followed, that the grounds of detention are vague and based on conjectures; that there has been non-application of mind on the part of the detaining authority and that the detenue has not been furnished the material forming basis of the grounds of detention.
(3.)The respondents, in their counter affidavit, have disputed the averments made in the petition and have stated that they have followed the provisions of J&K Public Safety Act. It is stated in the counter affidavit that the detenue has been detained only after following due procedure; that the grounds of detention were read over and explained 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.
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