MEHRAJ-UD-DIN KALWAL Vs. STATE & ORS.

JUDGEMENT

(1.) Order of detention bearing No. DMS/PSA/32/2011 dated 28.9.2011, issued by respondent No. 2, is contended to be in utter violation to the law and the liberty of the detenue.

(2.) Perusal of the petition would indicate that the detenue had been detained vide detention order dated 27.8.2008, same was quashed by this Court on 08.12.2008. Again detenue was detained vide detention order dated 15.12.2008, same was also challenged by medium of HCP No.5 /2009 but during pendence of the petition same order was revoked by the Government vide order dated 26.3.2009. However, instead of releasing the detenue, he was arrested in connection with FIR No.49/2008 on 31.3.2009. Detenue was released on 09.04.2009 but again was arrested on 04.12.2009 and in pursuance of another detention order dated 10.6.2009 was lodged in District Jail, Rajouri. On release was again arrested on 19.3.2011 in connection with case FIR No.60/2010 P/S Nigeen and then again detained pursuant to detention order dated 31.3.2011. The said order was challenged by medium of HCP No. 156/2011. Meanwhile, detenue had developed some ailment and was advised complete bed rest.

(3.) Application for lodging the detenue in Central Jail, Srinagar was dismissed against which LPA No.93/2011 was filed but before the said appeal could be decided, the detention order was revoked vide order dated 10.5.2011 rendering LPA as infructuous.