MOHAMAD LATEEF SHEIKH Vs. STATE AND ORS

JUDGEMENT

(1.) On 04-04-2017, the detenue Mohammad Lateef Sheikh, was arrested by the security forces in connection with a case bearing F.I.R No. 15/2017, registered at Police Station, Uri, u/s 7/25 Arms Act. While the detenue was in the District Jail Baramulla under the judicial remand, he was detained by the respondent No. 2 District Magistrate, Baramulla, in terms of the order of detention bearing No. 33/DMB/PSA/2017 dated 19-05-2017, impugned herein, in exercise of powers vested in him under clause (a) of section (8) of the Jammu & Kashmir Public Safety Act, 1978 (for short Act of 1978) and the detenue was ordered to be lodged in Central Jail, Kotebhalwal, Jammu, where he continues to be at the moment.

(2.) The impugned order of detention was executed by the respondents on 21st of May, 2017. The grounds of detention along with the contents of the detention warrant are said to have been read over to the detenue in English language and explained to him in the Pahari & urdu languages, the languages which he understood fully well.

(3.) The order of detention has been challenged on the grounds, inter alia, that the detenue could not have been detained under the provisions of PSA when he was already booked in substantive offence under F.I.R No. 15/2017 registered in Police Station, Uri, u/s 7/25 Arms Act and was in the custody of the respondents when the order of detention was passed and no bail was granted to the detenue, although he had applied for it. The grounds of detention are vague and non existent. The detaining authority has not perused the relevant material before passing the order of detention and as such the same is liable to be quashed.