YOUSUF LONE Vs. STATE OF J&K

JUDGEMENT

(1.) This Letters Patent Appeal under Clause 12 of the Letters Patent has been filed against the judgment and order dated 13.08.2012 passed by the learned Single Judge dismissing Habeas Corpus Petition (HCP) no. 426/2011.

(2.) In order to appreciate the grounds pleaded in the appeal, it becomes imperative to give a brief resume of the facts. In terms of order No. 30/DMB/PSA/2011 dated 14.09.2011, respondent No.2, in exercise of powers vested in him under Clause (a-1) of Section 8 of the J&K Public Safety Act, 1978 ordered detention of the detenu, namely, Yousuf Lone son of Lassi Lone resident of Charhar, Tehsil Sopore, District Baramulla, to prevent him from acting in any manner which is a threat to ecology and environment.

(3.) Before the order of detention could be executed, the detenu filed an Habeas Corpus Petition seeking quashment of the same on various grounds, including that: