BABBAR KHAN Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner, Babbar Khan has challenged the order of detention order No. 19 of 2022 dtd. 24/11/2022, passed by the respondent No.2, mainly on the ground that the same has been issued without application of mind; that the petitioner was not explained the documents in the language he understood; that the detention order earlier passed by the respondents was quashed by this Court in the petition filed by the petitioner and there is no mention of the same in the detention order; that the petitioner is on bail in the FIR in question and the respondents could have applied for cancellation of the bail but did not choose to do so. The petitioner could not make proper representation in view of the fact that the contents of the order were not made to understand and the material was also not supplied.

(2.) The respondents have appeared and filed counter to the petition wherein it is submitted that the detention order has been passed on the basis of subjective satisfaction by the respondent No.2; that the earlier action taken against the petitioner did not deter him from indulging in criminal activities; that the respondents have complied with all the formalities which were required to be observed by the respondents while passing the detention order; that the respondents have made the petitioner to understand the grounds of detention in the language he understood. The respondents seek dismissal of the petition.

(3.) The detention record has been produced by the learned Deputy Advocate General.