JUDGMENT :

Sharma, J.

1. The present Appeal has been preferred against the judgment dated 03.12.2021 passed in WP(Crl) No. 29/2021 whereby the Habeas Corpus Petition of the appellant herein has been dismissed.

2. The appellant was detained by the District Magistrate, Jammu vide Order No. 05 of 2021 dated 05.05.2021 under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

3. This order of detention was assailed by the appellant in a petition in the nature of Habeas Corpus amongst other on the grounds that:

(i) The appellant was already in custody in FIR No. 91 of 2021, at the time of passing of the order of detention and, therefore, it was necessary for the detaining authority to show awareness to this fact and to indicate compelling circumstances for passing the impugned order of detention.

(ii) The detaining authority has not considered the representation of the detenu seeking revocation of his detention.

(iii) The detenu was not provided the relevant material relied upon by the detaining authority to derive its subjective satisfaction with regard to the necessity of keeping