FAISAL NAZIR Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition, petitioner, inter alia, has assailed the validity of order of detention bearing No.DMS/PSA/23/2018 dated 08.09.2018, passed by District Magistrate, Srinagar, while invoking powers under Section 8 of the J &K Public Safety Act, 1978.

(2.) Learned counsel for petitioner submitted that in the grounds of detention annexed with the order of detention, the detenue has been allegedly shown involved in FIR Nos.108/2016, 46/2017 and 54/2017 of P/S Batamaloo but the detention order has been passed 08.09.2018, that is, nearly after a period of more than one year and no justification has been furnished on behalf of respondents with regard to the such a huge delay, while passing order of detention. It is also submitted that detaining authority has failed to take into account the fact that the detenue was already released on bail in FIR No.108/2016. It is further projected that the detenue is minor and so he could not have been detained under the provisions of the Public Safety Act. Thus, it is projected that the impugned detention order is bad in law and liable to be set aside.

(3.) On the other hand, learned counsel for the respondents submitted that the order has been issued properly while keeping in view the activities of the detenue.