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2022 Supreme(J&K) 101

MOHAN LAL
Kawaljeet Singh alias Kabbu – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K.S. Johal, Sr. Advocate with Mr. Karman Singh Johal, Advocate
For the Respondent: Mr. Dewakar Sharma, Dy. AG

JUDGMENT :

Mohan Lal, J.-Petitioner by invoking the jurisdiction of this Court in terms of Article 226 of the Constitution of India has sought the indulgence of this Court for issuance of writ of habeas corpus commanding the respondents to release petitioner from illegal detention by quashing the detention order No. PSA/105 dated 03.05.2021 on the following grounds:

    (i) that the impugned detention order is bad and needs its quashment on the ground that the power for fixing the period of detention is not within the domain of respondent No. 02 who has reflected in his detention order that the detenue is detained for a maximum period;

(ii) that the impugned detention order is verbatim copy of the dossier which is totally non-application of the mind of the respondent No. 02 who has acted in a mechanical manner and has not applied his mind while passing of the detention order, as respondent No. 02 has neither reflected its own satisfaction nor has drawn its own grounds indicating that he was satisfied that the detenue was acting in any manner prejudicial and detrimental to the maintenance of public order;

(iii) that the essential material i.e., the copies of the FIRs alleged in the doss

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