ADIL AYOUB BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE detenue namely Adil Ayoub Bhat S/o Mohammad Ayoub Bhat R/o Bangerpora Teilbal, Srinagar has been arrested by the police on 09.04.2008, in connection with a criminal case registered against him under FIR No. 24/2008 with Police Station Nigeen for commission of offences punishable under Section 302, 307 RPC, 7/25 of Indian Arms Act and 19 Unlawful Activities (Prevention) Act. While in custody detenue was ordered to be detained under the provisions of Public Safety Act pursuant to detention order No. DMS/PSA/04/ 2008 dated 30.04.2008.

(2.) DISSATISFIED with the order of detention, brother of the detenue has filed this petition seeking quashment of the same.

(3.) THE first contention raised is that the detenue who was in custody has not applied for bail neither he had been admitted to bail, therefore, before passing order of detention compelling reasons were to be recorded by the detaining authority. No compelling reason has been recorded to say that the detenue is likely to secure bail from the competent court and get recycled in activities prejudicial to the integrity/security of the State, how has been inferred is not manifest.