LAWS(J&K)-2012-3-22

GHULAM HASSAN MALIK Vs. STATE OF J&K

Decided On March 14, 2012
GHULAM HASSAN MALIK Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) Detenue, Ghulam Hassan Malik, has been detained pursuant to detention order No.45/DMB/PSA/2011 dated 22.11.2011 and lodged in Central Jail, Srinagar. The said order of detention has been approved by the Government vide Govt. order No.Home/PB-V/2508/2011 dated 27.11.2011. Then in view of opinion of the Advisory Board, detention order has been confirmed and detenue ordered to remain in detention for 24 months.

(2.) Wife of the detenue has sought quashment of the order of detention on the grounds enumerated in the petition.

(3.) Learned counsel for the petitioner would contend that the detenue is a peace loving citizen, has never indulged in any activity prejudicial to the security of the State, he is 59 years old, the order of detention has been passed in breach of the procedural safeguards, there has been non application of mind on the part of Detaining Authority and the material forming base for the grounds of detention has not been supplied to the detenue which renders order of detention as bad.