JUDGMENT :

Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 58/DMK/PSA of 2019 dated 19.10.2019, purporting to have been passed by District Magistrate, Kupwara, whereunder detenu namely Javaid Ahmad Bhat s/o Ghulam Ahmad Bhat R/o Khanu Babagund Tehsil Kralgund, District Kupwara, is under detention.

2. The detenu, through his brother, challenges the aforesaid detention order through the medium of aforesaid petition, inter alia, on the grounds that the order of detention suffers from non-application of mind;

“a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody.

b) that there is total non-application of mind while passing the detention order without reflecting any plausible ground;

c) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

d) that the detaining authority has not prepared the grounds itself, which is a pre-requis