Nazir Ahmad Wani vs Union Territory Of Jk & Anr
2022 Latest Caselaw 237 j&K/2

                                                                         Serial No. 38
                                                                   Supplementary-1 Cause List


        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR


                                  LPA No. 168/2021


Nazir Ahmad Wani
                                                               ... Appellant(s)
                                      Through: -
                           Mr Imtiyaz Ahmad Sofi, Advocate.
                                         V/s
Union Territory of JK & Anr.
                                                              ... Respondent(s)

Through: -

Mr Sajjad Ashraf Mir, Government Advocate.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Mohan Lal, Judge (ORDER) 24.03.2022 Magrey, J (Oral):

This is an intra Court appeal filed by the Writ Petitioner/

Appellant herein assailing the Judgment dated 16th of November, 2021

passed by the learned Writ Court in WP (Crl) No. 153/2020, whereby and

whereunder the Petition of the Appellant stands dismissed. In the said Writ

Petition, the Appellant had thrown a challenge to the detention Order No.

08-DMK/PSA of 2020 dated 21st of September, 2020 passed by the District

Magistrate, Kupwara/ Respondent No.2, in terms whereof the Appellant has

been taken into preventive custody with a view to prevent him from acting

in any manner prejudicial to the security of the State.

Mr Imtiyaz Ahmad Sofi, the learned Counsel for the

Appellant, submitted that the learned Writ Court, while passing the

impugned Judgment, has not appreciated the legal position governing the subject in its true and correct perspective and in tune with the facts of the

case. While reiterating the grounds urged in the memo of appeal, the

learned Counsel submitted that the detention Order was, primarily, bad in

law on four star grounds viz.: (i) that there was no compelling circumstance

for the detaining authority to pass the impugned Order of detention when

the detenue was already in custody in connection with case bearing FIR No.

16/2020 registered in Police Station, Kralgund; (ii) that all the material,

which formed the basis for the detention of the detenue including the copy

of Police dossier, was not furnished to the detenue thereby curtailing his

right to make a representation against the impugned order of detention; (iii)

that the detenue, being an illiterate person, ought to have been provided the

translated version of the material which formed the basis of his detention;

and (iv) that the grounds of detention were replica to the Police dossier

which exhibits non-application of mind on the part of the detaining

authority. It is pleaded that the learned Writ Court has brushed aside the

aforesaid grounds urged by the Appellant in the Writ Petition seeking

quashing of the impugned detention Order dated 21st of September, 2020

passed by the Respondent No.2 and has dismissed the Petition filed by the

Appellant.

Mr Sajjad Ashraf Mir, the learned Government Advocate,

representing the Respondents, has vehemently supported the impugned

Judgment passed by the learned Writ Court. It is submitted that the learned

Writ Court has analysed each and every aspect of the matter in tune with

the mandate of law governing the subject.

We heard the learned Counsel for the parties and have perused

the pleadings on record. We have also gone through the relevant detention

records as made available before the Court by the learned Government

Advocate.

From a plain reading of the impugned Judgment passed by the

learned Single Judge in the context of the facts and circumstances of the

instant case, we are of the considered view that the said Judgment is lucid

and clear. The Writ Court has not only appreciated all the grounds urged by

the Appellant in the Writ Petition, but has also rendered clear and accurate

findings with regard to each and every ground pressed into service by the

Appellant in tune with the mandate of law governing the subject. After

going through the relevant records, it can be safely said that the impugned

Judgment has taken care of all the aspects of the matter in detail and that no

such ground/ material has been placed before us in this appeal so as to

reverse the findings returned by the learned Single Judge and take a view

contrary to the one taken in the impugned Judgment. In that view of the

matter, we find no merit in this appeal which is, accordingly, dismissed.

Detention records are returned to the learned Government

Advocate in the open Court.

                                  (Mohan Lal)                    (Ali Mohammad Magrey)
                                     Judge                                 Judge
           SRINAGAR
           March 24th, 2022
           "TAHIR"




TAHIR MANZOOR BHAT
2022.03.25 14:31
I attest to the accuracy and
integrity of this document