ALAM BHAT Vs. STATE

JUDGEMENT

(1.) THIS petition calls in question detention order No.DMS/PSA/41/2009 dated 21.1.2009 passed by respondent No.2, ordering detention of detenu namely Masrat Alam Bhat S/o Abdul Majid Bhat R/o Zaindar Mohalla Srinagar.

(2.) BEFORE referring to the grounds of challenge pleaded in the petition it would be appropriate to record some admitted facts which preceded the passing of the impugned detention order. The detenu was ordered to be detained vide order No. DMS/PSA/03/2007 dated 28th April 2007 and was lodged in Kotbalwal Jail. The grounds of detention were served on the detenu in pursuance of the said detention order. HCP No. 108/07 was filed calling in question the said detention order. This court vide its order dated 1st of Oct. 2007 quashed the detention order. Thereafter the petitioner was again ordered to be detained vide order No. DMS/PSA/26/2007 dated 16.01.2008. The grounds of detention on the basis of which the petitioner was detained vide order dated 28th April 2007 found their place in the grounds of detention, which had become basis for issuance of detention order on 16th Jan. 2008. The said detention order was challenged before this court in HCP No. 30/08 dated 23rd May 2008. This court after considering the case of the parties vide its judgment dated 23rd May 2008 quashed the detention order and ordered for release of detenu provided he was not required in any other case. For the purpose of this disposal of this petition, it becomes necessary to refer to and reproduce the said judgment: -

(3.) IT was further held that the words 'grounds used in clause (5) of Art. 22 means not only the narration or conclusions of facts, but also materials on which those facts or conclusions which constitute 'grounds are based.