JUDGMENT :

1. The petitioner, namely, Ali Hayder son of Abdul Aziz resident of Village Gundha Tehsil Khawas, District Rajouri (hereinafter referred to as ‘detenue’) has filed this habeas corpus petition through his cousin, questioning the detention order bearing No.DMR/INDEX-02 of 2021 dated 20.05.2021 slapped on him by respondent No.2 i.e., the District Magistrate, Rajouri, under Section 8 of the J&K Public Safety Act, 1978.

2. It is contended in the petition that the detenue has never committed any criminal/anti-national offence however he along with three other persons has been implicated in a false and frivolous case registered with Police Station Budhal, Rajouri.

3. It is submitted by learned counsel for the petitioner/detenue that there was no danger to public order especially when the petitioner was already in custody in FIR No.44/2021 registered with Police Station Budhal for the commission of offence punishable under Sections 295-A/429 IPC wherein no bail has been granted by the competent court of law till date and as such, no situation arise for slapping the detention order on the detenue. It is further submitted that the material relied upon by the detaining authority i.e.,