HAFIZULLAH MIR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Mst. Wazira Begum, petitioner herein is the wife of one Hafizullah Mir son of Late Ghulam Mohammad Mir resident of Badoora Anantnag (hereinafter to be referred to as 'detenu'). She through the medium of instant petition seeks quashment of detention order No. 01/DMA/PSA/DET/2013 dated 02.04.2013 (for short 'impugned detention order') passed by District Magistrate Anantnag (respondent No. 2) on the dossier furnished to him by Senior Superintendent of Police, Anantnag (respondent No. 3) vide his letter No. Pros/PSA/Det/2013/391-94 dated 25.02.2013. The said impugned order was executed upon the detenu on 03.04.2013 as is evident from the detention record made available to the Court by Mr. Chashoo, learned AAG.

(2.) It would not be out of place to mention here that earlier to the passing of impugned detention order, the detenue has already been detained under four Detention Orders Nos. Det/PSA/DMA/098/10 dated 14.09.2009 which came to be quashed by this Court vide order dated 19.05.2010 passed in HCP No. 244/2009; Det/DMA/PSA/10/23 dated 23.11.2010 quashed vide order dated 04.05.2011 passed in HCP No. 405/2010; 69/DMA/PSA/DET/2012 dated 07.03.2012 quashed vide order dated 31.08.2012 passed in HCP No. 47/2012 and 78/DMA/PSA/DET/2012 dated 08.11.2012, quashment of which was sought through HCP No. 178/2012, but before it could be considered finally, the said detention order was revoked and fresh detention order (impugned herein) came to be passed. This is how HCP No. 178/2012 came to be disposed of by this Court vide order dated 17.05.2013 having been rendered infructuous. However, on the request of Mr. Qayoom, learned counsel for the petitioner, records of the same were tagged with the instant petition as he wanted to refer to the orders passed by this Court while quashing the earlier detention orders which form part of the said petition.

(3.) Despite availing opportunities including the last one, counter affidavit has not been filed by the State. Right to file the same, thus, stands closed vide order dated 03.06.2013.