MUDASIR YOUSUF BHAT Vs. STATE

JUDGEMENT

(1.) DETENTION order bearing No. 39/DMP/PSA/08 dated 29.3.2008 is questioned being against law. Detenu has been shown involved in connection with case FIR No. 47/08 for commission of offence punishable under Section 7/25 Arms Act.

(2.) THOUGH detenu had been ordered to be released on bail instead has been detained under Public Safety Act pursuant to detention order under challenge.

(3.) APPEARING counsel for the petitioner contended that the petitioner had been admitted to bail which fact has not been made mention of in the grounds of detention though reference to FIR 47/08 has been made. Either detaining authority has been kept in dark or otherwise detaining authority has not applied its mind properly. While detaining a person under Public Safety Act, detaining authority is under legal obligation to analyze all the circumstances and material and then to gather conclusion about the requirement of depriving a person of his personal liberty. Liberty of a person is to be respected as is guaranteed, the same flows from the constitution itself. It is true that if a person is alleged to be involved in anti -national activities, he has to be deterred with iron hand but for deterrence provisions of Public Safety Act are to be strictly adhered to otherwise safeguards both technical and substantial provided for by the Act will be rendered illusory. Non -mention of the grant of bail is serious lapse which in turn gives rise to the interference that there is non application of mind.