1. Petitioner challenged the detention order No.DMP/PSA/19 of 2024
dated 07.09.2024 (impugned order), issued by respondent No.2, District
Magistrate, Poonch (hereinafter to be referred as “the detaining authority”),
whereby petitioner namely Mohd Zahir S/O Mir Mohd R/O Gohlad, Tehsil
Mendhar, District Poonch (for short „the detenue‟) has been placed under
preventive detention, in order to prevent him from acting in any manner
prejudicial and detrimental to the maintenance of „public order‟.
2. Petitioner contends that the Detaining Authority passed the impugned
detention order without considering the material fact that detenue was already
facing trial in criminal cases in which he had been admitted to bail; that instead
of seeking cancellation of bail of the detenue, the detaining authority has
resorted to the extraordinary law relating to preventive detention without there
being any compelling circumstances; that whole of the material forming the
basis of the grounds of detention has not been furnished to the detenue, as a
result whereof, he could not make an effective and suitable representation
against the order of detention; that the detaining authority has not applied its
mind to the material produced before it while passing the impugned order of
detention. Lastly, it has been contended that on 24.09.2024, the detenue through
his brother, had made a representation before respondent no1, but the same has
not been considered by the said respondent.
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