FAISAL AHMED BHAT Vs. STATE

JUDGEMENT

(1.) IN terms of order No. DET/PSA/08/576 of 2008 dated 27.11.2008, respondent No.2 has ordered detention of petitioner (detenu) under the Provisions of Jammu and Kashmir Public Safety Act 1978. This order is called in question in this petition.

(2.) THE grounds of challenged inter alia are that the detention order is violative of Article 22(5) read with Article 21 of the Constitution of India as also procedural safeguards prescribed by J&K P.S.Act 1978. The grounds of detention are vague, non -existent and irrelevant. The detenu was already in custody under the substantive law when his preventive detention was ordered and the detaining authority has not delineated the compelling reasons to order detention of the detenus. That there is compelling necessity in view of the likelihood of detenu moving an application for bail, which is lacking in this case. Reference in his behalf has made to judgment reported in AIR 2000 SC 365. The grounds of detention besides other things referred to FIR No. 32/08 u/ss 302, 120 -B etc and this material has not been made available to the detenu.

(3.) DESPITE opportunities respondents have failed to file counter affidavit.