1. Mohammad Yousuf Malla, S/o Abdul Gani Malla, R/o Check Ganastan, Sumbal, Baramulla, was detained by the District Magistrate, Baramulla, vide order No.156 of 2004 dated 31st March 04, in exercise of powers under Section 8 of the J&K Public Safety Act, 1978 (here-in-after referred to as the Act). The present petition has been filed by the detenu through his brother Farooq Ahmad, seeking quashing of order impugned.

2. The detention order has been challenged on various grounds taken in the petition but at the hearing of the petition, the learned counsel for the petitioner confined his argument on the point that the detaining authority has passed the detention order without application of mind. It is stated that the detention order has been passed on 31st March04, which has actually been issued against one Mohammad Ayoub Malla, S/o Abdul Gani Malla, but subsequently a corrigendum was issued on 25th June04, vide which the name of the detenu has been changed to Mohammad Yousuf Malla. He further stated that the grounds of detention and other relevant material was not put up before the Government for its approval. It is stated that the grounds of detention itself show that the detaining a

Click Here to Read the rest of this document