MASARAT ALAM BHAT Vs. STATE & 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.) ACCORDING to learned counsel for the respondents, the past conduct has to be taken into consideration as has been done.

(3.) IT is true that the past conduct and antecedents are to be taken note of but when the past conduct and antecedents have been taken note of in the order of detention which has been quashed, same position could not be taken note of for deriving satisfaction for passing the fresh order of detention.