JUDGMENT :

JAVED IQBAL WANI, J.

1. Through the medium of instant petition quashment of detention order bearing No. 10/DMA/PSA/DET/2021 dated 31.03.2021, (hereinafter for short the “impugned order”) passed against the detenu, namely, Yasir Majeed Mir, is being sought for by the petitioner as also a writ of mandamus for his release.

2. It is being stated in the petition that the detenu 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 detenu is stated to have been arrested on 27.08.2020, after being summoned to Police Station Kokernag, and was implicated falsely in case FIR No. 108/2020 registered at Police Station, Kokernag, and while being in custody therein in the said FIR came to be detained under preventive custody by the respondents in terms of impugned order and lodged at District Jail, Kathua.

3. The impugned order is being challenged, inter-alia, on the grounds that detenu was already in custody in connection with case FIR No. 108/2020 and the detaining authority, despite having the knowledge of the said fact, detained the detenu without spelling out any compelling reason ther