ALAM BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) Vide judgment dated 10.06.2011, rendered in HCP No.49/2011, filed on behalf of detenue, order of detention bearing No.DMS/PSA/112/2010 dated 11.12.2010 was quashed. Subsequent thereto, detenue has again been detained vide order of detention impugned bearing No.DMS/PSA/ 14/2011 dated 004.08.2011, validity of the same is questioned.

(2.) It is contended that the copy of the dossier has been reproduced verbatim in the grounds of detention. Only word "dossier" is replaced by the word "grounds of detention", which according to learned counsel for the petitioner, would show that the detaining authority has not applied its mind. Formulation of grounds is imperative for deriving satisfaction so as to pass the preventive order. On this count, while contending the order of detention to be invalid, learned counsel relied on the judgment captioned Fiaz Ahmad through his Mother Atiqa Begum v. State of J&K & anr,2010 11 SLJ 872 wherein, while noticing the same position and while relying on the judgment captioned Jai Singh & Ors. v. State of J&K, 1985 AIR(SC) 764 it was held that there was no due application of mind by the detaining authority in passing the order of detention.

(3.) According to learned counsel for the respondents, the past conduct has to be taken into consideration as has been done.