JUDGMENT

1. The petitioner has filed the instant petition for quashing the order of detention bearing No. 07th/DM/K/PSA of 2023 dated 15.09.2023, issued by the respondent No. 2 (hereinafter to be referred as the ‘Detaining Authority’), whereby the petitioner has been ordered to be detained under the Public Safety Act, 1978 (for short ‘the Act’), on the following grounds:

(i) That the Detaining Authority has not applied its mind while passing the order of detention and has mechanically relied upon the dossier submitted by respondent No. 3, who seems to be unaware as to what happened to the FIRs (relied upon by the Detaining Authority), more particularly when the petitioner was enlarged on bail in FIR No. 77/1999, FIR No. 99/2009 and other FIRs mentioned in the dossier, though there is a reference to the order of bail dated 20.07.2023 passed by High Court in FIR No. 182/2018 under sections 120-B, 121, 121-A RPC, 03/13 ULA Act registered with Police Station, Kishtwar.

(ii) That there is no ‘live and proximate’ link between the prejudicial activities of the petitioner and the order of detention. The petitioner could not have been detained for stale incidents in respect of which FIRs were