01. Petitioner-Abrar Afzal, S/O Mohd Afzal, R/O Village Panghai, Tehsil
Thanamandi, District Rajouri (for short ‘the detenue’) challenged the detention
Order No.DMR/INDEX/07 of 2024 dated 31.10.2024 (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’.
02. Petitioner contends that the Detaining Authority passed the impugned
detention order without there being due application of mind as only a single
2025:JKLHC-JMU:2487
complaint U/Ss 107/151 CrPC was made the basis of passing the impugned
detention order; that the detaining authority has not informed the detenue about
his right to file representation to the detaining authority and also the time frame
within which such a representation must be filed to the detaining authority
against his detention order, and non supply of whole of the material, which
incapacitated him to file effective and meaningful representation against his
detention order; that the allegations against the petitioner are false and the
sponsoring agency suppressed the vital fact that the petitioner was earlier
detained under PSA in the year 2022 on the basis of these very 6 FIRS and two
complaints but now again on the basis of single false complaint registered
against the petitioner, he was taken into preventive detention for the sake of
putting him behind bars which is illegal and unsustainable in the eyes of law;
that the grounds of detention are replica of police dossier, which shows that the
impugned detention order is passed mechanically without proper application of
mind.