BASHIR AHMAD SHEIKH Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.DMS/PSA/ 53/2010 dated 5th August 2010, of District Magistrate, Srinagar - respondent No.2 herein, whereby one Shri Bashir Ahmad Sheikh @ Pepsi son of Ghulam Mohammad Sheikh resident of Zainakote, Srinagar (herein after referred to as "detenue") has been placed under preventive detention directed to be lodged in District Jail, Rajouri. The petitioner is wife of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) The petitioner's case, as set out in the petition, is that the detenue, a handicapped, and father of six children, was, without any cause or justification, apprehended on 01.08.2010 and subsequently detention order No. DMS/PSA/53/2010 dated 5th August 2010, slapped upon the detenue. The respondents are stated to have ignored to provide material, relied upon by Detaining Authority to order detention and thus deprived cletenue of his Constitutional and Statutory rights. Grounds of Detention are stated to be vague, non-existent and unfounded.

(3.) The Learned Senior Additional Advocate General has made available detention record, which reveals that the detention order has been approved by the Government in terms of Government order No.Home/PB-V/2169/2010 dated 21st September 2010 as also by the State Advisory Board.