KHAN MUSHTAQ AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) HABEAS Corpus Petition has been filed praying to quash order of detention No. 127 of 2001 dated 22.12.2001.

(2.) THE main grounds taken in the Habeas Corpus petition are that the detenue was arrested in FIR 294/2001 under section 7/25 Indian Arms Act. Police Station Bandipora and during the continuation of arrest in the said FIR, the order of detention was passed on vague, extraneous and imaginary grounds without any justification. The grounds of detention were not read over and explained to the detenue at the time of execution of the order of detention and the material constituting the basis of the grounds of detention were not furnished to the detenue, in order to enable the detenue to make a meaningful representation. The detenu had not applied for bail and was not being released on bail, therefore, the assumption of the detaining authority, that in the event of detenue being released on bail, the detenue would indulge in prejudicial activities, is without application of mind and on this ground, order of detention deserves to be quashed.

(3.) WHILE admitting that the detenue was arrested in FIR 127/2001 on 22.12.2001, Police Station Bandipora the stand and submission of the respondents is that the detenue was found indulging in activities prejudicial to the security of the state and in order to prevent the detenue from his involvement in prejudicial activities in future the order of detention was passed. At the time of execution of the order of detention, the grounds of detention were read over and explained to the detenue and he was informed of his right to make representation. The relevant record making the basis of the grounds of detention were furnished to the detenue in order to enable the detenu to make a representation. On these submissions, it is prayed that since there is no procedural lapse, therefore, the Habeas corpus petition be dismissed.