DANISH HASSAN DAR Vs. STATE AND ORS.

JUDGEMENT

(1.) The crux of the petitions of the petitioner is that his minor son - Danish Hassan Dar, was arrested under FIR No. 481/2016 by Police Station, Sopore, and after keeping him in custody for quite some time, he was detained under the provisions of Public Safety Act (PSA), 1978 vide impugned order No. 276/DMB/PSA/2017 dated 17th March, 2017 and lodged at Central Jail, Kotbalwal, Jammu. It is further submitted by the petitioner that the detenue was informed about his detention by respondent No.2 in terms of letter dated 17th March, 2017, with which he was also provided the grounds of detention. It is stated that the aforementioned order of detention was not approved by the Government, resultantly, another order of detention bearing No. 05/DMB/PSA/2017 dated 10th April, 2017 came to be passed against the detenue, which is also under challenge by medium of HCP 138/2017.

(2.) The petitioner has assailed the aforesaid orders of detention chiefly on the ground that the detenue is a minor and, as such, the respondent No.2 had no jurisdiction to detain him under the provisions of PSA of 1978.

(3.) Heard and considered.