JAVAID AHMAD DAR Vs. STATE AND ORS.

JUDGEMENT

(1.) PURSUANT to detention order No. 14/DMK/PSA/09 dated 2.7.2009, passed by District Magistrate, Kulgam, detenue has been lodged in District Jail, Kathua.

(2.) ILLEGALITY of the order of detention is projected on various grounds, particularly on the ground that earlier on similar grounds detenue was detained pursuant to detention order No. 03/PSA of 2008 dated 11.1.2008 passed by District Magistrate, Jammu which order stand quashed by this Court vide judgment dated 22.09.2008 passed in HCP No. 70/2008. This ground being a star ground if prevails is enough for quashing the order of detention. Record of the earlier disposed of HCP No. 70/2008 is also called for perusal.

(3.) THE important question which arises for consideration is as to whether earlier grounds of detention which formed base for the earlier order of detention, which stand quashed by this Court, can again be made base for passing impugned order of detention. My answer is in negative. If the question is answered in affirmative, then a strange position will emerge i.e. passing of fresh detention order on the basis of earlier grounds of detention would amount to negating the judgment where -under earlier order of detention has been quashed.