HADAYAT Vs. STATE & ORS.

JUDGEMENT

(1.) Order of detention impugned bearing No. Home/PB-V/1673/2010 dated 29.07.2010, issued by respondent No. has been passed in terms of Section 8(i) b(i) of the J&K Public Safety Act. Such Power was not required to be invoked as the detenue cannot be deported until disposal of the criminal case registered as FIR No. 37/2010 P/S Kupwara under Section 14 Foreigners Act.

(2.) The status report as furnished by the respondents would indicate that the investigation in respect of the said case has culminated in presenting the charge sheet (challan) before the Court for trial, so the detenue in connection with the said case has to remain in custody, his deportation is not possible until conclusion of the trial, his presence automatically has to be regulated in accordance orders/directions of the trial court where the said case is pending.

(3.) The non-application of mind on the part of detaining authority is exposed as the position of criminal case based on FIR No. 37/2010 has not been taken note of in its right perspective. Thus impugned order suffers from non application of mind, so is unsustainable, as such, quashed.