MUDASIR AHMAD WANI Vs. STATE OF J&K

JUDGEMENT

(1.) In this Habeas Corpus Petition, the petitioner-detenue challenges the order of detention bearing No.65/DMK/PSA/19 dtd. 23/8/2019 passed by District Magistrate, Kulgam, whereby the said District Magistrate, in exercise of powers vested in him under Sec. 8(a) of Jammu and Kashmir Public Safety Act, 1978 (for short "Act of 1978"), has ordered detention of petitioner with a view to prevent him from acting in any manner prejudicial to the security, sovereignty and integrity of the State.

(2.) Learned counsel for the petitioner urges that the order impugned, on the face of it, suffers from non-application of mind on the part of detaining authority inasmuch as the said order was passed on the basis of the grounds of detention which had been placed before the District Magistrate, Kulgam by the Superintendent of Police, Kulgam vide his communication No.Legal/PSA/19/2019/5021-24 dtd. 23/8/2019.

(3.) Learned counsel for the respondents, on the other hand, contended that the order impugned to the extent it reflects that the order of detention had been passed on the basis of grounds of detention furnished by the Superintendent of Police, Kulgam, was a typographical error and, therefore, needed to be ignored.