MASHOOK AHMAD WAR Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE to order No. 11 -DMK/PSA of 2011 dated 14.07.2011, of District Magistrate, Kupwara -respondent No. 2 herein, whereby one Shri Mashook Ahmad War son of Abdul Gani War resident of Chanjmulla, Tehsil Handwara, District Kupwara (herein after referred to as "detenue") has been placed under preventive detention, must succeed for following reasons: -

(2.) THE baseline, that emerges from the above overview of case law on the subject of preventive detention is that whenever preventive detention is called in question in a court of law, the first and foremost task before the Court is to see whether the procedural safeguards, guaranteed under Article 22(5) Constitution of India and Preventive Detention Law pressed into service to slap the detention, are adhered to.

(3.) THE detenue appears to have been initially put under preventive detention vide order No. 27 -DMK/PSA/of 2010 dated 24.11.2010. The detention order was questioned in HCP No. 391/2010. The challenge succeeded and the detention order was quashed vide judgement dated 13th May 2011. The detenue, though required to be released, was slapped with another detention order 11 -DMK/PSA of 2011 dated 14.07.2011, as pleaded in paras 02 and 03 of the petition.