JUDGMENT

1. The challenge in this petition is thrown to Order No. 09/PSA of 2019 dated 08.08.2019 passed by the District Magistrate, Poonch whereby the petitioner (hereinafter referred to as 'the detenu') has been detained under Section 8(b) of the J&K Public Safety Act, 1978 for a period of three months on the grounds detailed in the grounds of detention simultaneously served upon the detenu. The impugned detention order has been assailed inter alia on the following grounds:-

(i) That the registration of single FIR against the detenu that too on a false and concocted grounds cannot be made the basis to put the detenu under preventive detention.

(ii) That the involvement of the detenu in single incident which is reflected in the FIR No.209 of 2019 cannot constitute threat to the maintenance of public order and may at the most amount to law and order problem for which the substantive law of the land has to take its course.

(iii) That the safeguards envisaged under the J&K Public Safety Act, 1978 and the Constitution of India have not been followed and therefore, the impugned order of detention is vitiated.

2. The respondent No.2 has filed the reply affidavit placing the reliance on t