MOHAMMAD RUSTUM BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) One Shri Mohammad Rustum Bhat (hereinafter called the detenue), was earlier on detained by the respondent No.2 in terms of the detention order bearing No. 57/DMB/PSA/2016 dated 02-08- 2016. The said order was challenged before this Court by the medium of HC(P) 176/2016 and while quashing the order of detention on 30- 12-2016, the learned writ Court directed the respondents therein to release the person of the detenue forthwith. However, instead of releasing the detenue, the respondents booked him in FIR No. 96/2016 of police station Tarzoo. The detenue filed a bail application before the Court of Principal Sessions Judge, Baramulla, who, vide his order dated 23-01-2017, directed the release of the detenue on interim bail till 03-02-2017. However, when the order dated 23-01-2017 was served on the respondents, they did not release the detenue and instead booked him in another FIR bearing No. 53/2016 of police station Tarzoo. Learned counsel for the petitioner states that the detenue filed another application for his release on bail in the said FIR before the Court of Additional Sessions Judge, Sopore, which was allowed vide order dated 14-02-2017 and the detenue was directed to be released from police custody. It is further pleaded that even after the grant of bail in the said FIR, the detenue was not released and was again falsely booked on 17-02-2017 in FIR No 88/2017 of police station Tarzoo.

(2.) It is stated in the writ petition that while the detenue was on police remand in FIR No. 88/2017, the respondent No. 3 - SSP, Sopore, got him detained under the provisions of the J &K Public Safety Act, 1978 (PSA) in terms of order No. 273/DMB/PSA/2017 dated 11-03-2017, issued by respondent No.2 - District Magistrate, Baramulla. This order was assailed before this Court in HC(P) No. 90/2017 and the Court, vide order dated 07-06-2017, quashed the order of detention and ordered for the release of the detenue forthwith from preventive custody. The respondents instead of releasing the detenue, booked him under FIR No. 64/2017 of police Station Tarzoo. The said FIR is under investigation. The respondent No.3 yet again got the detenue detained under the provisions of PSA vide order No. 57/DMB/PSA/2017 dated 04-07-2017, which is impugned herein. The detenue was lodged in District Jail Kathua and continues to be there at present.

(3.) The said order of detention is challenged on the grounds, inter alia, that when a person is detained under the provisions of PSA and the detention is quashed by the Court, he cannot be detained again under the PSA unless he is released and fresh facts come into existence which warrant his detention. Learned counsel for the petitioner submitted that in the instance case the detenue has not been released and no fresh grounds have come into existence, therefore, the order of detention on this ground alone is liable to be set aside.