The main legal point established in the judgment is the preventive nature of the J&K Public Safety Act, 1978, and the limited scope of reviewing the subjective satisfaction of the detaining authority in cases of preventive detention.

JUDGMENT :

1. In terms of Detention Order No. DMB/PSA/16/2022 dated 11.05.2022 (for short ‘the impugned order’) passed by District Magistrate, Budgam respondent No.2, the petitioner namely Javid Gull S/O Gh. Mohammad Sofi R/O Brarigund Chadoora Budgam (for short ‘detenue’) was ordered to be detained under preventive custody in terms of Section-8 of J&K Public Safety Act, 1978 (for short ‘the Act’) with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State.

2. The impugned order has been questioned/challenged on the grounds taken in the instant petition by the detenue through his father. The plea of the petitioner is that the detenue, in terms of the impugned order, has been detained under the Act without any justification and the allegations leveled in terms of the grounds of detention have no nexus with the detenue and have been fabricated by the police in order to justify its illegal action of detaining the detenue. It is pleaded that the order of detention had not been executed in tune with the Act and the directions of the Detaining authority, which in turn had deprived the detenue from making an effective and meaningful representation against his detention. Another plea of the detenue is that he has not been provided the relevant material/documents relied upon by the Detaining authority. The detenue, post execution, has not been informed that he can make a representation before the Detaining authority, therefore, a valuable right of the detenue stands defeated. Non-supply of translated copies of relevant documents as well as non-explanation of the documents/material in the language known to the detenue has made the detention illegal and unconstitutional.

3. Pursuant to notice, respondents have filed their counter affidavit, vehemently, resisting the petition. It is contended that detaining a person under the provisions of Public Safety Act is always preventive in nature and its sole aim is to prevent a person from pursuing antinational/ anti-social activities, which are prejudicial to the maintenance of security of State, etc. In the instant case there is enough material against the detenue which is highly suggestive of the fact that the normal law of the land is not sufficient to prevent him from continuing with his anti-national activities and, it is evident that the detenue is highly motivated and is not likely to desist from anti-national and unlawful activities.

4. Heard learned counsel for the parties and perused the detention record produced by learned counsel for the respondents.

5. Perusal of the detention record indicates that the detenue working as OGW with Hizbul Mujahideen terrorist outfit, had been providing shelter, logistic support to the active terrorists of HM outfit in the area in order to promote terrorism and remained in touch with active terrorists of HM outfit. The record further reveals that the detenue is motivating the youth of the area for anti-national activities by luring them for terror related activities as well as for stone pelting in the area. The aim of the detenue, as mentioned in the detention order, is to ensure that such objectives are accomplished and for this end he resorted to such activities which have the effect of causing widespread disturbance and instability and also posing threat to the security of the State.

6. It has been asserted that on 30.06.2019 a specific information was received by Police Station Chadoora that some unknown terrorists were hiding in the village Bugam Chadoora, and on this information a joint cordon and search operation (CASO) was launched resulting in an encounter in which two terrorists were neutralized and four OGWs were arrested. An FIR No. 115/2019 under Sections 307 RPC, 7/27 Arms Act, and 18, 19, 20 of Unlawful Activities Prevention Act, came to be registered in Police Station Chadoora and investigation was set into motion. During the course of investigation, the detenue was found involved in the