RAYEES AHMAD MIR Vs. UT OF J&K

JUDGEMENT

(1.) In this Habeas Corpus petition, the petitioner challenges the order of detention dtd. 28/4/2020 whereby the District Magistrate, Baramulla in exercise of the powers vested in him under Sec. 8 (a) of 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 in the activites, which was prejudicial to the security of State.

(2.) One of the main grounds of challenge to the order of detention was that the same suffered from total non-application of mind inasmuch as on the date of passing of the order of detention, the petitioner had already been arrested under FIR No. 159/2019 for offences under Ss. 16, 18 ULAP Act and 3/5 Explosive Substance Act with police Station Dangerwacha.

(3.) It was urged that the detenue was not admitted to bail in the aforementioned cases and that in those circumstances, there was no occasion for the District Magistrate to issue the order of detention.