BASHIR AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) By the medium of this petition, petitioner has questioned detention order bearing No. DMS/PSA/135/2010 dated 17.01.2011 passed by respondent No. 2 on the grounds taken in the memo of petition and has also prayed for staying the execution of the same. Thus, petitioner has sought quashment of the detention order before its execution.

(2.) Respondents have failed to file reply. Thus, the averments contained in the petition have remained unrebutted.

(3.) Impugned detention order came to be passed on 17th January, 2011 and petition in hand came to be filed on 24th of March, 2011. It is contended that petitioner is handicap and is not in a position to stand by his feet. He has been involved in a false and frivolous FIR No. 61/2008 U/S 7/25 A. Act, P/S Karanagar, and FIR No. 58/2009 P/S Maisuma, and was detained in detention under detention order Nos. DMS/PSA/31/2009 dated 31.08.2009 and DMS/PSA/2/2010 dated 20.04.2010. Both the detention orders were quashed by this court and the trial court also granted bail in FIR No. 58/2009 but despite of that respondents have passed the impugned detention order and are bent upon to detain him. Copy of the grounds of detention is annexed with the writ petition. It is alleged that a detention order was quashed by the court on 26th of November, 2010 and thereafter the petitioner recycled his activities. It is apt to reproduce last three paras of the grounds of detention herein: