PEERZADA MOHAMMAD WASEEM Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar vide detention order No. DMS/PSA/28/2023 dtd. 12/4/2023, under Sec. 8 of Jammu and Kashmir Public Safety Act, 1978, has placed Peerzada Mohammad Waseem (hereinafter referred to as detenue), S/o Peerzada Shabir Ahmad, R/o Wanganpora, Srinagar, in preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of security. This order of detention has been assailed by the detenue through his mother Mst. Tasleema.

(2.) The impugned order of detention has been assailed by the detenue on the ground that the same has been passed mechanically without any application of mind. The detenue had already been detained vide detention order No. DMS/PSA/41/2022 dtd. 11/4/2022, which was assailed by him by way of writ petition bearing WP(Crl) No. 200/2022. This order of detention was quashed by this Court on 13/4/2023 and the detenue has again been detained on the same grounds which has vitiated the order of detention.

(3.) The detaining authority was also not aware of the fact that while the legality and validity of detention was being considered by this Court on 16/2/2023 and before the judgment was pronounced on 13/4/2023, quashing the order of detention, the detaining authority has passed the order of detention without waiting for the judgment of the Court in this regard.