SYED ASIYA ANDRABI Vs. STATE

JUDGEMENT

(1.) The detention order No. DMS/PSA/12/2011 dated 20th June 2011, impugned in the present petition, is third in a row within a short span of nine months slapped by District Magistrate, Srinagar ? respondent No. 2 herein, on Syed Asiya Andrabi wife of Ashaq Hussain Faktoo resident of Soura, Srinagar (herein after referred to as "detenue"). The earlier two detention orders viz. detention order No. DMS/PSA/64/2010 dated 01.09.2010 and No. DMS/PSA/01/2011 dated 07.04.2011, were quashed vide judgements dated 24.03.2011 and 19.05.2011 in HCP No. 244/2010 and No. 160/2011, and the respondents instead of releasing the detenue from custody, issued another detention order on 20th June 2011. The detenue has thus been in custody since 28th August 2010 when she was arrested by Police Station Nageen at Habak in connection with case FIR No. 34/2006 P/S Nageen and remanded to police custody, unmindful of her having been admitted to bail in the aforesaid case by 3rd Additional Sessions Judge, Srinagar.

(2.) The first and foremost ground urged in the instant petition to assail the detention order is that the grounds of detention pressed into service to place the detenue under preventive detention, are identical to the grounds of detention in support of detention order No. DMS/PSA/01/2011 dated 07.04.2011, quashed vide judgment dated 19.05.2011 and even identical to the detention order passed against the detenue there before and quashed vide judgment dated 24.03.2011.

(3.) In order to appreciate the argument advanced by learned counsel for petitioner in right perspective, it would be advantageous to extract hereunder grounds of detention made use of by respondent No. 2, (with identical portions highlighted) to slap three successive detention orders, one after other, on the detenue: