AMIR KHAZIR WANI Vs. STATE OF J&K

JUDGEMENT

(1.) In this Habeas Corpus petition, the petitioner challenges the order of detention dated 03.01.2018, whereby the District Magistrate, Baramulla in exercise of the powers vested in him under Section 8(a) of Jammu and Kashmir Public Safety Act, 1978 has ordered the detention of the petitioner, with a view to prevent him from indulging in activities, which are prejudicial to the security of the State.

(2.) The grounds on which the order of detention has been challenged are that the detention order suffers from total non-application of mind, inasmuch as, on the date when the detention order was passed the petitioner was already under arrest in FIR No. 104/2017 under section 7/25 Arms Act, 13 ULA(P) Act, registered in Police Station Kunzer. It was further urged that the petitioner had neither applied for the bail nor bail was otherwise granted to him. It was also urged that the detaining authority had not spelled out the compelling reasons to pass the impugned detention order, when the petitioner was already in custody.

(3.) Response stands filed by the State.