SUHAIL AHMAD LONE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present Habeas Corpus petition has been filed, challenging the order of detention dtd. 3/8/2021 issued by the District Magistrate, Anantnag, who, in purported exercise of powers vested in him under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978 (for short, Act of 1978), has ordered the detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the security of the State.

(2.) The only ground on which the learned counsel for the petitioner has challenged the order impugned was that the same suffered from nonapplication of mind. It was stated that on the date of the passing of the order of detention i.e., 3/8/2021, the petitioner was already under arrest w.e.f., 15/6/2021 in FIR No. 178/2021 under Sec. 7/25 of the Arms Act.

(3.) It was also stated that the petitioner had already applied for bail and the court of competent jurisdiction had admitted the petitioner on bail on 26/7/2021.