MOHAMMAD MAQBOOL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE in this petition is to order No.DMB/PSA/98/ 2010 dated 18th September 2010, of District Magistrate, Budgam respondent No.2 herein, whereby one Shri Mohammad Maqbool Bhat son of Ghulam Mohd Bhat resident of Chewa Kalan Tehsil Pulwama District Pulwama (herein after referred to as detenue) has been placed under preventive detention. The petitioner is mother of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) THE petitioners case, as set out in the petition, is that the detenue was, without any cause or justification, apprehended on 14th September 2010, whereafter detention order No. DMB/PSA/98/ 2010 dated 18th September 2010, was slapped upon the detenue. THE respondents are stated to have ignored to provide material, relied upon by Detaining Authority to order detention and thus deprived the detenue of his Constitutional and Statutory rights. Grounds of Detention are stated to be vague, non- existent and unfounded.

(3.) VIEWED thus, the petition is allowed and detention order No. DMB/PSA/98/ 2010 dated 8th September 2010, passed by the District Magistrate, Budgam respondent No. 2, directing detention of Shri Mohammad Maqbool Bhat son of Ghulam Mohd Bhat resident of Chewa Kalan Tehsil Pulwama District Pulwama, is quashed.