1. Impugned in the instant petition, filed under the provisions of
Article 226 of the Constitution of India by the petitioner through his father
is an order of detention bearing No. 08-PSA-2025 dated: 11.07.2025 passed
by the respondent No. 2 (hereinafter referred to as the ‘Detaining
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Authority’ for short), while invoking his powers under Section 8(1)(a) of
the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as
the ‘Act’ for short), whereby the petitioner has been ordered to be detained
with a view to prevent him from acting in any manner prejudicial to the
maintenance of public order and lodged in the Central Jail Kot Bhalwal,
Jammu. The petitioner-detenue has assailed the impugned detention order
on the grounds, inter alia, that he is a citizen of India and a domicile of UT
of Jammu and Kashmir, as such, within his rights to seek the enforcement
of his constitutional as well as other legal/statutory rights; that he is of the
age of 28 years and a permanent resident of village Baishty, Teshil
Chenani District, Udhampur, who has been falsely branded as a habitual
bovine smuggler for managing his prevention detention; that the impugned
detention order has not been passed on any proximate or compelling
necessity but on generalized and unverified allegations; that the grounds of
detention reflect his involvement in two case FIR’s and three Daily Dairy
Entries out of which one case is disposed of and other one FIR
No.0049/2025 dated 03.05.2025 u/s 223 BNS 11 PCA Act of P/S Chenani,
is pending investigation when the Daily Dairy Entries are all unverified;
that the ld. Detaining Authority has mechanically acted on the police
dossier without conducting any independent verification or otherwise
applying its own mind in respect of the matter; that even if the allegations
against him are supposed to be true for arguments sake, they still pertain to
law and order violations and not to acts prejudicial to public order as
alleged; that he was not furnished with the complete set of the detention
HCP (116/2025) P a g e |2
record which has made him unable to make a timely representation against
his detention order; that his detention is punitive in nature and camouflaged
as preventive; that the impugned detention order is vitiated by procedural
irregularities, absence of subjective satisfaction and colourable exercise of
power by the Detaining Authority which make the same unconstitutional,
illegal and liable to be set aside; that the grounds of detention are the
verbatim of police dossier thereby indicating the non-application of mind
by the learned Detaining Authority and that his illegal and unjustified
detention tantamounts to the infringement of his Fundamental Right to Life
and Liberty guaranteed under Article 21 of the Constitution of India.
