JUDGEMENT :

1. Through the medium of instant petition quashment of detention order bearing No. 16/DMP/PSA/20 dated 13.07.2020, (hereinafter for short the impugned order) passed against the detenue namely Mohammad Rafiq Mir is being sought by the petitioner as also a writ of mandamus for his release and a compensation of Rs. 10 Lacs for his illegal detention.

2. It is being stated in the petition that the detenue is a law abiding and peace loving citizen and has never involved in any subversive activity prejudicial to the public order or security of the State. The detenue is stated to have been arrested in the month of January 2020, after being summoned to Police Station Khrew, from his place of duty and was implicated falsely in case FIR No. 03/2020 registered at Police Station Khrew and while being in custody therein the said FIR came to be detained under preventive custody by the respondents in terms of impugned order and lodged at Central Jail, Srinagar.

3. The impugned order is being challenged on the grounds inter-alia that detenue was already in custody in case FIR No. 03/2020 and the detaining authority despite having the knowledge of the said fact detained the detenue without