MOHAMMAD AHSAN ANTOO Vs. STATE

JUDGEMENT

(1.) Detenue is claimed to be a human rights activist and also claims to be Chairman of International Forum for Justice. The object of the said forum is to highlight human rights violation and it is in this context detenue is claimed to have been agitating as against the human rights violations but in the process is claimed to have been taken into custody in connection with case registered under Section 107, 151 Code of Criminal Procedure on 21.4.2010. Noticing his imminent release, the Detaining Authority derived satisfaction that the detenue at being large would be potential threat to the public order, as such, has been detained pursuant to detention order No. DMS/PSA/09/2010 dated 27.4.2010 and the period of detention has been fixed as 12 months. Dissatisfied there, instant petition for quashment of the same has been filed.

(2.) The first contention as against the order of detention is that no compelling reasons have been recorded for passing the order of detention when the detenue was already in custody with the case registered under Section 109 and 151 Code of Criminal Procedure.

(3.) The contention is without any legal basis as the detention under Section 151 Code of Criminal Procedure can be only for a limited period and it is that situation which has prompted the Detaining Authority to pass the order of detention. Compelling reason, as such, is inferable.