MEHRAJ Vs. STATE AND ORS.

JUDGEMENT

(1.) Order of detention bearing No. 12/DMB/PSA of 2011 dated 14.09.2011, issued by respondent No.2, is contended to be in utter violation to the law and the liberty of the detenue.

(2.) Perusal of the petition would indicate that the detenue had been detained vide detention order dated 03.02.2011, same was quashed by this Court on. 25.08.2011. However, instead of releasing the detenue, by virtue of order of detention impugned has been detained and directed to be lodged in District Jail, Udhampur, hence the instant petition.

(3.) Nothing has been brought on record to show that the detenue from the date of quashment of detention order dated 03.02.2011 till the passing of impugned detention order dated 14.09.2011 has indulged in any activity so as to justify the preventive detention. It appears that on imagination order of detention impugned has been passed which is supported by the position as reflected in the grounds of detention wherein it is recorded that there is possibility of the detenue to indulge in activities prejudicial to the security of the State. On the basis of possibilities and surmises order impugned has been passed which is impermissible as the same offends the guarantee of liberty.