BASHIR AHMAD SHEIKH Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) This is an intra Court appeal filed by the Writ Petitioner/ Appellant herein assailing the Judgment dated 29th of December, 2021 passed by the learned Writ Court in WP (Crl) No. 44/2021, whereby and whereunder the Petition of the Appellant stands dismissed. In the said Writ Petition, the Appellant had thrown a challenge to the detention Order No. 05-DMK/PSA of 2021 dated 2nd of February, 2021 passed by the District Magistrate, Kupwara/ Respondent No.2, in terms whereof the Appellant has been taken into preventive custody with a view to prevent him from acting in any manner prejudicial to the security of the State.

(2.) Mr Sheikh Manzoor, the 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 detenue was already in custody in connection with case bearing FIR No. 57/2020 registered in Police Station, Karnah, for the commission of offences punishable under Ss. 8/21 and 29 NDPS Act; 13, 16, 18 and 39 Unlawful Activities (Prevention) Act; and 7/25 Indian Arms 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 dated 2nd of February, 2021 passed by the Respondent No.2 and has dismissed the Petition filed by the Appellant.

(3.) Mr Sajjad Ashraf Mir, the learned Government Advocate, representing the Respondents, has vehemently supported the impugned Judgment passed by the learned Writ Court. It is submitted that the learned Writ Court has analysed each and every aspect of the matter in tune with the mandate of law governing the subject.