1. Through the medium of this petition, Order no.07/DMB/PSA of 2024
dated 29.03.2024 (impugned detention order) passed by District Magistrate,
Bandipora – respondent no. 2, (for short ‘detailing authority’) whereby
detenu, namely, Mohammad Iqbal Gojar Tedwa, S/o Siraj U Din Tedwa R/o
Kulnar Bazipora, Tehsil Ajas, District Bandipora, has been placed under
preventive detention with a view to prevent him from acting in any manner
prejudicial to the security of Union Territory of J&K, is sought to be quashed
and detenu set at liberty on the grounds made mention of therein.
2. The case set up by the petitioner in the petition is that the detenu came
to be arrested on 05.02.2024 by Police Station Ajas, and kept him illegally
under detention and thereafter was lodged in Sub Jail, Bandipora, but was not
enlarged on bail. While being in Sub Jail, Bandipora, the detenu came to be
detained under J&K Public Safety Act, although he has neither been found
involved in any subversive or militant activities nor any FIR stands registered
against him relatable to the militant or subversive activity in any Police
Station. It is stated in the grounds of detention that the detenu has been
involved in case FIR No.80/2018 under Section 379, 336, 353 RPC read with
06 Forest Act for which challan has been filed in the competent court of
jurisdiction and is sub judice. The said case does not relate to maintenance of
law and order or security of the State nor has any proximity with the detention
of the detenu, and the allegation that the detenu got contacted with PAK
trained terrorists is vague, which does not disclose when and where the detenu
got contacted with such persons and at which place, is not mentioned in
grounds of detention. Besides the abbreviations shown in the grounds of
detention, like OGW, PAK, VPNS and other such words, which are incapable
of giving exact meaning to the detenu , who is only 5 th class pass and does not
know the English language, even cannot effectively understand the Urdu
language as well, therefore, the grounds of detention are vague, meaningless,
as such, the detention order is bad in law and deserves to be quashed. It is
being also stated that there are allegations in the grounds of detention that the
detenu was providing food, shelter, information to terrorists about movements
of security forces. Those allegations, according to petitioner, are vague,
absurd and misconceived. It is also averred that detaining authority has passed
the impugned detention order mechanically without application of mind. The
detenu is neither associated with any organization nor involved in any activity
which is prejudicial to the security of Union Territory of J&K.
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