01. Petitioner has sought quashment of detention ORDER NO; 17/DMB/PSA of 2018 dated 22.9.2018 passed by respondents. The petitioner has stated in this petition that he is law abiding and peace loving citizen of the state and has never involved in any subversive activity which would cause prejudice to public order or security of State. That petitioner was arrested by the security forces without any justification and cause on 29.08.2018, from a marriage party where he was cook and he was taken to police station Argam and was detained there illegally. That he was enlarged on bail on 11.09.2018. That petitioner served the bail order to the concerned police station, however the he was not released but was kept detained in the police station. While being in illegal custody of P/S Argam, he was shifted to Sub Jail Hiranagar Jammu where he was detained further. That petitioner has challenged the detention order on three grounds:—

1. That he had been already bailed out in FIR 23/2018 but the concerned police station did release him. In grounds of detention this aspect of matter has not been mentioned and there is also no mention of fact that after bail he will against indulges in same offences.

2. That petitioner was not knowing English and detention order has been passed in English, so it is illegal. Petitioner was not made to understand the grounds of detentions in his own language.

3. That all the material was not provided to him like copy of FIR, statements under section 161 Cr.p.c and seizure memo pertaining to cases mentioned in grounds of detention. By not providing these material prejudice has been caused, because no effective representation could be made to competent authority. Even he was not informed for making representation to detaining authority.

4. The detaining authority has not recorded his subjective satisfaction while passing the order, but has passed the order on the dictation of police and on satisfaction of police authority.

5. That allegations are vague, non-existent and baseless as detaining authority has not given any justification that ordinary law will not sufficient in dealing the allegations.

02. The respondents have filed their objection/counter affidavit and have stated that impugned order is not at all punitive in nature but preventive having been passed by the deponent in exercise of powers conferred by Clause (a) of Section 8 of J&K Public Safety Act, 1978. That the petitioner was involved in case FIR no. 15/2017, 26/2017 & 23/2018. That petitioner along with his associated have hijacked the peace and order of village and adjoining areas by trying to enforce the unlawful writ by threatening the shopkeepers and common masses in the surrounding villages.

03. I have considered the rival contentions of parties. The detention order reads as under:—

Detention under J&K Public Safety Act 1978

ORDER NO: 17/DMB/PSA of 2018

Dated 22.9.2018

Whereas, on the basis of dossier placed before me by Sr. Superintendent of Police Bandipora vide his No: Lgl/PSA-28/2018/34065-71, dated 07.09.2018, I am satisfied that there are sufficient grounds to prevent Mohd. Sadiq Lone S/o Mohd. Hayat Lone R/o Wani Mohalla Nahihal Tehsil & District Bandipora from acting in any manner which is prejudicial to the maintenance of public order and it is necessary to detain him under Public Safety Act, 1978;

Now, therefore in exercise of powers vested in me in terms of Clause (a) of Section-8 of J&K Public Safety Act, 1978, I, District Magistrate Bandipora hereby direct that the said Mohd. Sadiq Lone S/o Mohd. Hayat Lone R/o Wani Mohalla Nadihal Tehsil & District Bandipora be detained and lodged in Kot Bhalwal Jail Jammu.

Grounds of detention are as under:—

As per grounds mentioned in the Dossier submitted by the Sr. Superintendent Police Bandipora Vice his No: Lgl/PSA-28/2018/34065-71, dated 07.09.2018 you were born on 20 years. You got basic education from Government Middle School Nadihal Bandipora wherefrom you passed 8th Class Examina