Amir Shafi Bhat vs State - 2019 Supreme(J&K) 365

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(J&K) 365

Amir Shafi Bhat – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Mir Shafaqat Hussain, Advocate
For the Respondent(s): Mr. Mir Suhail, AAG

JUDGMENT :

1. The detenue namely Amir Shafi Bhat Son of Mohammad Shafi Bhat resident of Karimabad Tehsil, Pulwama, through his father Mohammad Shafi Bhat, seeks quashment of detention order No. 17/DMP/PSA/2019 dated 15.03.2019 issued by the District Magistrate, Pulwama, with consequent prayer for release of the detenue forthwith.

2. The detention order, inter alia, is challenged on the grounds:

(a) That there are no compelling reasons given in the order or the grounds of detention to take the detenue in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenue was already in custody;

(b) That the detenue has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

(d) That the detention order suffers from non-application of mind as the Detaining Authority did not take note of the fact that the detenue had been in the preventive detention and was discharged also of the allegations forming basis of such detention.

3. Pursuant to