01. Petitioner challenged the Detention Order No. 11-PSA-2024 dated
05.12.2024 (impugned order), issued by respondent No.2, District Magistrate,
Udhampur (“the detaining authority”), whereby his brother namely Neef @
Billu S/O Isrial, R/O Salada, Pakhlai, Tehsil & District Udhampur (for short
„the detenue‟) has been placed under preventive detention, in order to prevent
him from acting in any manner prejudicial to the maintenance of „public peace
and order‟.
2 HCP No.27/2025 2025:JKLHC-JMU:2082
02. The petitioner has contended that the detaining authority has passed
the impugned order mechanically without application of mind; that the detenue
was not explained the contents of the detention warrant and grounds of detention
in the Gojri language; that the detaining authority has not informed the detenue
of his right to file representation and that too, within stipulated timeframe to the
government, which prevented the detenue in making effective and meaningful
representation to the government; that detaining authority detained the detenue
in bovine smuggling cases which are not covered under the Public Safety Act as
the respondents have not alleged any specific incident against the detenue which
has led to the disturbance of the public order; that whole of the material was not
provided to the detenue; that no satisfaction is recorded in the grounds of
detention that normal law is not sufficient to deal with the alleged activities of
the detenue; and that for the afore-stated reasons, impugned order is liable to be
quashed.
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