1. Petitioner namely Ajaz Ahmed S/O Mohd. Rafiq, R/O Neali, Tehsil
Manjakote, District Rajouri (for short „the detenue‟) has challenged the detention
Order No.DMR/INDEX/09 of 2024 dated 06.11.2024 (impugned order), issued
by respondent No.2, District Magistrate, Rajouri (hereinafter to be referred as
“the detaining authority”), whereby he has been placed under preventive
detention, in order to prevent him from acting in any manner prejudicial to the
maintenance of „public order‟.
2. Petitioner has raised many grounds to assail the impugned order. It is his
contention that Detaining Authority has relied upon cases FIRs of the year 2022
and 2023 for passing the impugned detention order, which have no live and
proximate link with the past conduct of the detenue and the imperative need to
detain him under preventive detention; that the criminal antecedents relied upon
for the purpose of passing the order of detention do not have the direct nexus to
immediately detain the petitioner; that neither whole of the documents are
supplied to the petitioner nor the petitioner informed about his right to make
representation to the detaining authority or to the government; that the
representation submitted by the petitioner was not considered by the
government. It is also contended that the allegations attributed to the petitioner in
the grounds of detention may be a „law and order‟ problem but do not qualify
within the definition of „Public Order‟ under Section 8 of the J&K Public Safety
Act 1978. Lastly, it is prayed that the petition be allowed and the impugned
detention order be set aside.