MOHAMMAD YOUNIS MIR Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of instant petition quashment of detention order bearing No. DMB/PSA/18 of 2020 dtd. 11/11/2020, (hereinafter for short the impugned order) passed against the detenue namely Mohammad Younis Mir is being sought by the petitioner as also a writ of mandamus for his release and a compensation of Rs.10.00 lakh for his illegal detention.

(2.) It is being stated in the petition that the detenue is a law abiding and peace-loving citizen and has never involved in any subversive activity prejudicial to the public order or security of the State. The detenue is stated to have been arrested in the month of May 2020, after being summoned to Police Station Khansahib, and was implicated falsely in case FIR No. 86/2020 registered at Police Station Khansahib and while being in custody, the detenue was detained under preventive custody by the respondents in terms of impugned order and shifted to District Jail, Kathua.

(3.) The impugned order is being challenged on the grounds inter-alia that detenue was already in custody in case FIR No. 86/2020 and the detaining authority despite having the knowledge of the said fact detained the detenue without spelling out any compelling reason thereof in the grounds of detention, more so, when there was no possibility of the release of the detenue from the custody on account of offences alleged in the said FIR.