JUDGMENT :

RAHUL BHARTI, J.

1.Heard learned counsel for the petitioner as well as respondents.

2. Perused the pleadings and also the documents on record.

3. The petitioner, who has come to suffer preventive detention, has approached this Court with present petition for the purpose of seeking restoration of his lost personal liberty by getting his preventive detention quashed.

4. The institution of the present writ petition came to take place on 18.04.2024 with the petitioner acting through his brother-Farooq Ahmad Wani.

5. The respondent No.2-District Magistrate, Pulwama, by virtue of an order No. 19/DMP/PSA/24 dated 04.04.2024, ordered the preventive detention of the petitioner to be taken into custody and then confined to Central Jail Kotbhalwal, Jammu.

6. Pursuant to said detention order, the petitioner came to be taken into custody on 06.04.2024, by SI-Abdul Qayoom of DPL Awantipora, and handed over to the Assistant Superintendent, Central Jail Kotbhalwal, Jammu.

7. The detention of the petitioner is purported to be for a period of two years with effect from 06.04.2024 which period is soon coming to its expiry on its own unless and until the present writ petition comes to its adjudication in favour of the petitioner by quashing his preventive detention.

8. The Senior Superintendent of Police, (SSP), Awantipora, by virtue of his communication No. Conf/PSA/24/127-30 dated 01.04.2024, prepared and served a dossier with respect to the petitioner’s alleged activities and submitted the same to the respondent No.2-District Magistrate, Pulwama, thereby soliciting the preventive detention of the petitioner in order to prevent him from indulging in activities reckoned to be prejudicial to the security of the State warranting his preventive detention under Jammu and Kashmir Public Safety Act, 1978.

9. Acting upon the said dossier of Senior Superintendent of Police (SSP), Awantipora, the respondent No.2- District Magistrate Pulwama formulated grounds of detention thereby purportedly drawing a subjective satisfaction that the alleged reported activities of the petitioner warranting him to be detained and subjected to preventive detention custody which led to the passing of the impugned order No. 19/DMP/PSA/24 dated 04.04.2024.

10. In the grounds of detention so formulated in support of impugned preventive detention order No. 19/DMP/PSA/24 dated 04.04.2024, the respondent No.2-District Magistrate, Pulwama came to refer the petitioner to be bearing relation with members of banned terrorist organization, Hizb ul Mujahedeen (HM), with aim and object of which is to disintegrate the UT of J&K from Union of India and annex it with Pakistan. The petitioner has been referred to be an overground worker of banned terrorist organization of Hizb ul Mujahedeen (HM), on which count the petitioner is said to have been repeatedly questioned by police/army on various occasions.

11. Referring to undisclosed reports, the petitioner has been referred to be supporting terrorist of Hizb ul Mujahedeen (HM), for ensuring their sustenance. The petitioner is said to be involved in recruiting youth into terrorist ranks by exploiting their religious sentiments and also being familiar with the topography of the area.

12. By reference to an incident of November 2022 the petitioner is said to have been detained under Section 107 of the Code of Criminal Procedure 1973 and proceeded against before the Executive Magistrate, Awantipora.

13. In this regard the purported proceedings under Section 107 read with Section 151 of Code of Criminal Procedure, 1973 against the petitioner having taken place on 25.10.2022, 01.11.2022, 13.05.2023 29.03.2024, and 07.03.2024 have been referred in order to project the alleged tendency of the petitioner to be offending the law and still not mending his conduct and indulgences.

14. The grounds of detention so formulated by the respondent No.2-District Magistrate, Pulwama followed the script as set out by 4-page dossier by the Senior Superintendent of Po