MOHAMMAD AMIN BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) Letters Patent Appeal on hand, is directed against the order of learned Single Judge dated 9.7.2012 in Habeas Corpus Petition No.15/2012 titled 'Mohammad Amin Beigh versus State of J&K and anr.', whereby the writ court has dismissed the appellant's petition for quashment of detention order No.DMS/PSA/53/2011 dated 26.12.2011 at preexecution stage.

(2.) District Magistrate, Srinagar on going through the communication No. Lgl / Det-2759/2011/ 5884-87 dated 15.11.2011 received from Senior Superintendent of Police, Srinagar along with dossier and connected material/documents appended to the communication, recorded his subjective satisfaction concluding that the appellant was required to be placed under preventive detention so as to stop him from acting in any manner prejudicial to the maintenance of 'public order' and accordingly vide his order No. DMS/PSA/53/2011 dated 26.12.2011, ordered appellant's detention and lodgment in Kote Bhalwal Jail, Jammu.

(3.) The detention order could not be executed as the appellant avoided its execution and questioned it at pre execution stage, through medium of a Habeas Corpus Petition, being HCP No.15/2012.