ALAM BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) FAROOQ Ahmad Bhat, uncle of Masrat Alam Bhat S/O Abdul Majid Bhat R/O Zaindar Mohalla, Srinagar, detenue, has questioned the order No. DMS/PSA/20/2008 dated 9 -9 -2008 passed by respondent No. 2, detaining the detenue under the provisions of the Jammu and Kashmir Public Safety Act (for short the Act) on the grounds taken in the petition.

(2.) RESPONDENTS have filed counter and resisted the petition on the grounds taken therein.

(3.) ANNEXURE -A -impugned order discloses that it came to be passed by the District Magistrate, Srinagar, on the basis of record submitted to him by Senior Superintendent of Police, Srinagar. It nowhere discloses that it came to be passed by the detaining authority on the basis of grounds of detention after due application of mind.