ABDUL KHALIQ REGU Vs. STATE OF J&K

JUDGEMENT

(1.) Noticing the activities of the detenue prejudicial to the security of the State has been taken into preventive custody in pursuance to order impugned bearing No. 50/DMB/PSA/2017 dated 22-06-2017. Aggrieved whereof instant petition has been filed by the detenue through his wife. Number of grounds have been projected in the petition but while making submission learned counsel for the petitioner highlighted that the detenue was earlier taken into preventive custody in pursuance to detention order No. 164/DMB/PSA/2016 dated 15-11-2016 which order was quashed while disposing of HCP No. 654/2016 dated 03-06-2017.

(2.) Grounds of detention which form base for ordering detention in pursuance to earlier order of detention dated 15-11-2016 are again made bases for impugned order of detention dated 22-06-2017. While comparing two grounds of detention as placed on record it is noticed that no fresh grounds were available to the authority concerned for ordering detention.

(3.) It is settled that when the grounds of detention based on which order of detention has been passed has been quashed then same grounds of detention can?t be made base for passing fresh order of detention. No doubt reference can be made to the earlier activities which include antecedents of the detenue, but for ordering fresh order of detention, fresh material has to be made available. Ordering detention on the basis of earlier grounds of detention in effect is a direct violation of the Judgment dated 03-06-2017, in pursuance whereof earlier order of detention was quashed.