SHAMEEM AHMAD SOFI Vs. STATE AND ANR.

JUDGEMENT

(1.) Detenue has been detained pursuant to detention order bearing No.DMS/PSA/16/2011 dated 17.8.2011, passed by District Magistrate, Srinagar.

(2.) According to the learned counsel for the petitioner, the detenue had been in custody in connection with case FIR No.73/2011 for the commission of offence under Section 7/25 A. Act and Section 13 ULA (P) Act registered in Police Station, Parimpora and while in custody has been detained under Public Safety Act and lodged in Kote-bhalwal Jail, Jammu. No compelling reason has been recorded for passing the order of detention when the detenue was already in custody. Further the material forming base for the detention has not been supplied to the detenue disabling him from making an effective and purposeful representation against his detention.

(3.) The ground projected has a prevailing force as the Detaining Authority has not recorded any compelling reason for passing the order of detention when the detenue in connection with substantive offence was already in custody. From the records as produced nothing in that direction is forth coming.