BILAL AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE in this petition is to order No.2/DMK/PSA/11 dated 11.04.2011, of District Magistrate, Kulgam respondent No.2 herein, whereby one Shri Bilal Ahmad Mir son of Ab Aziz Mir resident of Qaimoh Tehsil and District Kulgam (herein after referred to as detenue) has been placed under preventive detention. The petitioner is wife of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) THE petitioners case is that the detention order 2/DMK/PSA/11 dated 11.04.2011, impugned in the petition, has been made on the same grounds, earlier relied upon to pass Detention Order No.14/DMK/PSA/ 010 dated 26th August 2010. It is pleaded that the detention order dated 26th August 2010 was challenged in HCP No.346/2010, and same was quashed on 11.02.2011 by this Court. After quashment of detention order dated 26th August 2010, the respondents were duty bound to let off detenue and that respondents instead continued to have detenue in their custody till 11th April 2011, when subsequent detention order, assailed in the petition, was passed. THE respondents are stated to have ignored to provide material, relied upon by Detaining Authority to order detention and thus deprived detenue of his Constitutional and Statutory rights. Grounds of Detention are stated to be vague, non-existent and unfounded. THE detenue is said to have been in custody even from the date prior to date of Detention Order dated 11.04.2011.

(3.) THE respondents in view of quashment of detention order are stripped of any authority to detain the detenue under order No.2/DMK/ PSA/11 dated 11.04.2011. Resultantly, the respondents are directed to release the detenue from preventive detention, ordered under order No.2/DMK/PSA/11 dated 11.04.2011. Disposed of.