The purpose of preventive detention is to prevent a person from acting in a manner prejudicial to the security of the State or the maintenance of public order.

JUDGMENT :

1. In this petition, the detenu Bilal Ahmad Dar, seeks quashing of detention Order No. DMB/PSA/2022/30 dated 27.06.2022. By virtue of the impugned detention order, the District Magistrate, Budgam, in exercise of powers under Section 8 of the J&K Public Safety Act, 1978, had detained the detenu under the provisions of Public Safety Act to prevent him from acting in any manner prejudicial to the security of the State. The detenu has assailed this order of detention through his father-Farooq Ahmad Dar.

2. The detenu, aggrieved of the detention order, has challenged its legality and validity on the grounds that; (i) the allegations mentioned in the grounds of detention have no nexus with the detenu and have been fabricated to fortify his illegal detention; (ii) the allegations made in the grounds of detention are vague, non-existent against which no representation can be made; (iii) the Detaining Authority has not prepared the grounds of detention itself, therefore, there is total non-application of mind while passing the order of the detention; (iv) all the relevant material relied upon by the Detaining Authority has not been provided to the detenu enabling him to make an effective representation; (v) the detenu was not informed of his right to make a representation to the Detaining Authority or to the Government; (vi) the detention order has not been read and explained to him in the language, he understand.

3. Mr. Faheem Shah, learned Government Advocate has filed the counter affidavit and also produced the detention record. It is submitted by him that the detenu was detained vide order dated 27.06.2022 passed by the District Magistrate Budgam in accordance with the provisions of Public Safety Act. The Detaining Authority after considering all the relevant material and deriving its subjective satisfaction had passed the order of detention. The grounds of detention, order of detention and also all the material relied upon by the Detaining Authority has been furnished to the detenu. The Detaining Authority had complied with all the statutory requirement and constitutional guarantees as provided under the said Act.

4. Heard learned counsel for the parties and perused the record also.

5. The Detaining Authority has detained the detenu vide impugned order on the grounds that the detenu has been targeting innocent civilians and recruiting youth in the ranks of terrorist organizations. Report received from various agencies and blogs on social media platform testifies that terrorist organizations is being controlled by Pakistani intelligence ISI and on their advice and directions they are carrying out terrorist activities like killings offshoot targets which includes street vendors, labourers from outside J&K UT, who are working in orchards, small shops and commercial establishments, Police men who are off duty or are unarmed, so as to create an atmosphere of fear and intimidation in the valley. The activities mentioned above are not only prejudicial to the security of the State but are also aimed to recycle vicious terror atmosphere and create an atmosphere conducive for secessionists and terrorists to destabilize the administrative machinery of the UT and it hell-bent to create conducive atmosphere for terrorists for carrying out activities prejudicial to the maintenance of security of the State

6. The Detaining Authority, after considering the dossier submitted by the SSP concerned and the fact that the activity of the detenu was highly prejudicial to the security of the State, issued the detention order. The detention order approved by the Government within the time. The detenu was also informed of his right to make a representation before the Government as well as the Detaining Authority.

7. Personal liberty is one of the most precious rights guaranteed under the Constitution and a person cannot be deprived of his personal liberty except by procedure established by law. Article 22(5) of the Constitution provides for detention o