MOHD. SYED PEER Vs. STATE

JUDGEMENT

(1.) DETENUE , namely, Mohammad Syed Peer, detained pursuant to detention order No. 09/DMB/PSA/09 dated 20.7.2009 passed by District Magistrate, Baramulla, has been lodged in District Jail, Udhampur,

(2.) THE first contention raised regarding illegality of the detention order is that the Detaining Authority has not applied the mind while passing the said order.

(3.) WHEN a person had gone to POK in the year 1999, how he could be said to have returned back in the year 1994. At the first instance it appeared to be a clerical error but in the counter affidavit as has been filed by the Detaining Authority i.e. District Magistrate, Baramulla, it is again repeated therein that the detenue had gone to POK in the month of March, 1999 and had returned back to Valley in the year 1994. Detention record as is produced by the learned counsel for the respondents carries the same position which has neither been noticed nor explained.