Farhat Mir vs Union Territory of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 157

TASHI RABSTAN
Farhat Mir – Appellant
Versus
Union Territory of J&K – Respondent

Advocates Appeared:
For the Petitioner:Mr. N.H. Shah, Senior Advocate with Mr. Fahim Nisar Shah, Advocate.
For the Respondent: Mr. Ilyas Nazir, Laway, GA.

JUDGMENT :

Tashi Rabstan, J.

Through the medium of this writ petition, the petitioner is seeking to quash the Order No.113/DMB/PSA(F)/2021 dated 26.03.2021, having been passed by the District Magistrate, Baramulla, whereby the detenu, namely, Farhat Mir S/o Nazir Mir R/o Mundgi, Tehsil Dangerpora, District Baramulla, has been placed under preventive detention to prevent the detenu from smuggling timber and has been directed to be lodged in Central Jail, Kotebhulwal, Jammu.

2. It is contended in this writ petition that the detenu was arrested without any justification and cause and was detained in terms of impugned order or detention.

3. The respondents have filed the Reply Affidavit in opposition to the petition, wherein it is insisted that the detenu is involved in the timber smuggling by chopping down of the trees, encroaching the forest land, setting the forest fires and cultivating the profitable crop on the forest land.

4. The learned senior counsel appearing for the petitioner has submitted that the allegations/grounds of detention are vague and mere assertions of the detaining authority and no prudent man can make an effective representation against these allegations and can