LAWS(J&K)-2010-5-40

NAYEEM AHMAD KHAN Vs. STATE

Decided On May 24, 2010
Nayeem Ahmad Khan Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Pursuant to detention order bearing No. DMS/PSA/ 76/2009 dated 11.2.2010, detenue Nayeem Ahmad Khan has been detained. Aggrieved thereof, instant petition has been filed.

(2.) First it is contended that the detenue was firstly detained on 27.10.2008 pursuant to order of detention passed by District Magistrate, Baramulla. The said order was revoked and the detenue was released on 9.6.2009. Then again was detained under the orders of District Magistrate, Srinagar. Petition (HCP) No. 113/2009 was allowed vide judgment dated 16.9.2009 and the detenue was directed to be released, so was released but was again detained pursuant to the impugned order of detention.

(3.) According to the learned Counsel, the detenue was released on 16.9.2009 but again taken into custody on 11.2.2010. Within the said period of five months nothing has been brought on record to show that the petitioner after release had acted in any manner prejudicial to the security of the State. Secondly the order of detention was not furnished to the detenue. Thirdly the record forming base for the detention was not also furnished to the detenue. On vague, uncertain, ambiguous and irrelevant grounds detention order impugned has been passed.