ASHIQ HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) Heard. Considered

(2.) The detaining authority has passed the detention order in a mechanical manner oblivious to the grounds of detention set out in support of detention order. It is pertinent to point out that the detention order in terms of Section 8, J&K Public Safety Act 1978 can be made by the Government and in terms of Section 8(2) of the Act by the Divisional Commissioner or District Magistrate only to prevent a person from acting in any manner prejudicial to the (i) security of State and (ii) maintenance of public order. The detention order and the grounds of detention being indicative of two set of circumstances strip the detention order of its sanctity of renders it unsustainable under law.

(3.) This apart, the detaining authority has not informed the detenue that he in addition to his right to file a representation against his detention to the Government is also entitled to approach the detaining authority with a representation, questioning his detention within 12 days after the detention order is made or till it is