JUDGMENT :

1. Detenu – Ashiq Hussain Malik son of Mohammad Shafi Malik resident of Arwani Tehsil Bijbehara District Anantnag, through his father, by the instant petition, seeks quashment of detention order No.73/DMA/PSA/DET/2018 dated 16.01.2019, passed by District Magistrate, Anantnag, (for brevity “Detaining Authority”) in exercise of powers conferred under Section 8 of the J&K Public Safety act, 1978.

2. The detention order, through the medium of petition on hand, has been challenged on the grounds that during the intervening night of 6th and 7th of December, 2018, the detenue was arrested in connection with case FIR No.168/2018 registered at Police Station, Bijbehara, under Section 13 ULA(P) Act and while in custody he has been taken into preventive custody pursuant to impugned detention order. Respondents are stated to have ignored to provide material relied upon by the detaining authority while passing the impugned order of detention and thus deprived the detenue of his Constitutional and Statutory rights. Grounds of detention are stated to be vague, baseless, non-existent and unfounded.

3. The respondents, in their counter affidavit, have disputed the averments made in the peti