JAVAID AHMAD NAJAR Vs. UT OF J&K

JUDGEMENT

(1.) The present appeal has been preferred by the detenu, Javaid Ahmad Najar, through his brother, Manzoor Ahmad Najar, against the judgment and order dtd. 3/2/2022, delivered by a Single Bench of this Court in WP(Crl) No. 91/2021 in which the detention order No. DMS/PSA/26/2021 dtd. 24/6/2021, issued by the District Magistrate, Srinagar, was challenged. By virtue of the said detention order, the appellant/detenu was placed under preventive detention in exercise of powers under Sec. 8 of the J&K Public Safety Act, 1978. The said appellant/detenu was ordered to be lodged at Central Jail, Srinagar.

(2.) Mr. M.A Qayoom, learned Counsel for the Appellant, submitted that the learned Writ Court, while passing the impugned Judgment, has not appreciated the legal position governing the subject in its true and correct perspective and in tune with the facts of the case. While reiterating the grounds urged in the memo of appeal, the learned Counsel submitted that the detention Order was, primarily, bad in law on the ground that there was no compelling circumstance for the detaining authority to pass the impugned Order of detention when the detenu was already in custody in FIR 73/2019 registered in Police Station, Soura, for the commission of offences punishable under Ss. 147, 148,149,336,427,353 and 307 RPC 13 ULA(P) Act. It is pleaded that the learned Writ Court has brushed aside the aforesaid important aspect of the matter urged by the Appellant in the Writ Petition seeking quashing of the impugned detention Order dtd. 26/6/2021 passed by the Respondent No.2 and has dismissed the Petition filed by the petitioner (therein).

(3.) Mr Sajjad Ashraf Mir, the learned Government Advocate, representing the Respondents, has vehemently supported the impugned Judgment passed by the learned Writ Court.