ORDER :

1. The petitioner in the instant petition has called in question order of detention no. 42/PSA of 2023 dated 02.05.2023 (for short “the impugned order”) passed by the respondent 2 herein under and in terms of the provisions of the Jammu and Kashmir Public Safety Act, 1978 (for short “the Act of 1978”).

2. The petitioner has challenged the impugned detention order on the following grounds:-

A. Because the order of detention is unconstitutional, illegal and bad in law. The order of the detention has been passed in breach of the mandate of law as declared by the Hon’ble Supreme Court of India and by this Hon’ble Court.

B. Because the detaining authority has not followed the Constitutional and statutory procedural safeguards. The detaining authority has not followed the procedural mandate as provided under Article 22(5) of the Constitution of India.

C. Because the District Magistrate detaining authority has not applied his mind as there is no compelling reasons and cogent material and details available before the detaining authority on the basis of which respondent No. 2 has made his subjective satisfaction and passed the detention order, without any valid reasons and facts as such