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2020 Supreme(J&K) 349

SINDHU SHARMA
Fayaz Ahmad Bhat – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Wajid Haseeb, Advocate
For the Respondents: Mr. M. A. Chashoo, AAG

JUDGMENT

This Habeas Corpus Petition has been filed by the detenu through his wife assailing detention order No. 39/DMS/PSA/2019 dated 10.08.2019 passed by the District Magistrate, Shopian detaining detenu-Fayaz Ahmad Bhat S/o Ghulam Mohammad Bhat R/o Zainapora, District Shopian under Section 8 (a) of J&K Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the State/Country.

2. The order of detention has been assailed on the ground that the cases mentioned in the grounds of detention have no nexus with the detenu and have been fabricated in order to justify the illegal detention of the detenu. The allegations in the grounds of detention are vague and non- existence and, as such, passing of detention order on such grounds is un- reasonable and unjustified. The detenu was already admitted to bail in the cases mentioned in the grounds of detention, however, this fact has not been reflected in the grounds of detention. On this ground, the detention is bad and same deserves to be quashed.

3. Mr. Wajid Haseeb, learned counsel for the detenu contends that the order of detention suffers from lack of application of mind, as the grounds o

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