FAROOQ AHMAD BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The detenue namely Farooq Ahmad Bhat @ Tawheedi has filed the instant petition through his son Irfan Farooq, seeking quashment of detention order bearing No. 102/DMB/PSA/2020 Dated 11.07.2020, passed by respondent No. 2 where under the detenue has been ordered to be detained under Section 13 of the J& K Public Safety Act, 1978.

(2.) The order of detention is being challenged inter-alia mainly on the grounds that the same has been passed without application of mind, in that, the detenue had been granted bail in all the FIRs referred to and relied upon in the grounds of detention and that the detaining authority despite having received a representation of the detenue forwarded against the order of detention failed to consider the same.

(3.) Per contra, respondents in their reply affidavit justify the passing of order of detention against the detenue contending that the same has been passed validly and legally by the detaining authority keeping in view the activities of the detenue being prejudicial to the maintenance of security of the State.