SAJAD MEHMOOD Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition under Section 103 of the Constitution of J&K State read with Article 226 of the Constitution of India has been filed for quashing detention order No.6/PSA/2003 of 2003 communicated to the petitioner vide letter No. DMR/66-70 dated 30.12.2003 and directing the release of the petitioner.

(2.) Learned counsel for the petitioner has assailed the order of detention on number of grounds, however, he has restricted his submission on the sole ground that the representation submitted by the petitioner has not been decided. It was submitted by learned counsel for the petitioner that the order of detention has been issued without application of mind as the detenue at the time of issuance of the detention order was already in the custody of police in FIR No. 142 of 2003 under Sections 307/120-B/121/122/124-A RPC registered with Police Station Thannamandi and there was no likelihood of the petitioner being released on bail. It was further contended that in fact the petitioner had not applied for bail, as such, there was no compelling reason to detain the petitioner. Learned counsel also submitted that no period of detention was shown in the detention order.

(3.) Respondents have filed counter in which it has been admitted that petitioner was in custody when the order of detention was passed but the detention order was passed, as there was every eventuality of detenue being released on bail. Respondents have not denied the fact of filing of representation by the detenue and its pendancy.