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2024 Supreme(JK) 472

HIGH COURT OF JAMMU AND KASHMIR
MUSAVIR NABI BHAT – Appellant
Versus
UNION TERRITORY OF J AND K AND ANOTHER (HOME DEPARTMENT) – Respondent


JUDGMENT :

1) The petitioner has challenged detention order No.DMS/PSA/109/2021 dated 08.09.2023, issued by District Magistrate, Srinagar- respondent No.2 (for brevity “detaining authority”). In terms of the aforesaid order, Musavir Nabi Bhat (for short “the detenue”) has been placed under preventive detention and lodged in Central Jail, Jammu Kotbhalwal, in order to prevent him from indulging in the activities which are prejudicial to the maintenance of security of the State.

2) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application of mind, inasmuch as the procedural safeguards envisaged under Constitution of India have not been complied with. It has been contended that that the grounds of detention are vague, obscure, indefinite and ambiguous on which no prudent man can make a representation against such allegations. It has been further contended that whole of the material which formed basis of the impugned detention order has not been supplied to the petitioner.

3) Upon being put to notice, the respondents appeared through their counsel and filed their reply affidavit, wherein they have disputed the averme

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