1. One, Ghulam Mohammad Reshi, has filed this petition on behalf of Shabir Ahmad Wani S/O Mohammad Abdullah Wani R/O Dalwash Khag, Budgam, and has questioned the detention order No.DivCom-K/Det/04/2009 dated 30.12.2009 passed by respondent No.2, whereby detenue came to be detained in terms of the provisions of Public Safety Act, for short the Act, on the grounds taken in the petition.

2. Respondents have filed reply.

3. Heard. Respondent No.2 issued the impugned order on the basis of communication/ letter made by Sr. Superintendent of Police, Srinagar, dossier and material prepared by the police. Respondent No.2 has not prepared the grounds of detention and thereafter passed the impugned order. Preparation of grounds of detention is a foundation for making the order in terms of the provisions of the Act. It is apt to reproduce first para of the impugned order herein:

"Whereas, Sr. Supdt. Of Police, Srinagar vide his letter No.Lgl/Det-2519/09/3955-60 dated 15.12.2009 has produced material record, such as dossier and other connecting documents in respect of Shri Shabir Ahmad Wani @ Dalwash S/o Mohammad Abdullah Wani K/O Dalwash Khag, Budgam."

4. Thus, it can be safely said and held that

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