KHURSHEED AHMAD WAZA Vs. STATE

JUDGEMENT

(1.) Detention order No. 09/DMB/PSA of 2013 dated 27.12.2013 passed by District Magistrate, Bandipora, is the subject matter of instant Habeas Corpus Petition filed by detenue Khursheed Ahmad Waza, who has been detained under the provisions of Public Safety Act. Perusal of copy of detention order brings it to fore that the detaining authority has not prepared the grounds of detention itself but the same appears to have been prepared by the Superintendent of Police concerned. The preparation of grounds of detention by the detaining authority is a must before passing the order of detention. It is apt to reproduce para-1 of the impugned detention order, same is reproduced as under:

(2.) Yet another aspect of the matter is that there is no material on record to hold that the copies of detention order, grounds of detention and the material attached to the order of detention, were supplied to the detenue so as to enable him to make effective representation.

(3.) On the grounds urged for seeking quashment of detention order, this Court has already quashed detention order in case titled "Mohammad Shaban Dar v. State and others" (HC 84/2013) decided on 29-10-2013, which is taken note of: