LAWS(J&K)-2011-2-28

SHOWKAT AHMAD MALIK Vs. STATE OF J&K

Decided On February 28, 2011
SHOWKAT AHMAD MALIK Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) CHALLENGE in this petition is to order No.DMB/PSA/207 of 2010 dated 25th September 2010, of District Magistrate, Budgam respondent No.2 herein, whereby one Shri Showkat Ahmad Malik son of Abdul Gani Malik resident of Check Mohalla, Soibugh, Tehsil and District Budgam (herein after referred to as detenue) has been placed under preventive detention. The petitioner is father of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) THE petitioner's case is that the detenue was, without any cause or justification, apprehended and thereafter detention order No.DMB/PSA/207 of 2010 dated 25th September 2010, slapped on him. THE respondents are stated to have violated Constitutional and Statutory rights of the detenue. 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/207 of 2010 dated 25th September 2010, passed by the District Magistrate, Budgam respondent No. 2, directing detention of Shri Showkat Ahmad Malik son of Abdul Gani Malik resident of Check Mohalla, Soibugh, Tehsil and District Budgam, quashed.