LAWS(J&K)-2019-3-21

WAJID HASEEB Vs. MIR SUHAIL

Decided On March 01, 2019
Wajid Haseeb Appellant
V/S
Mir Suhail Respondents

JUDGEMENT

(1.) Detenu - Danish Ahmad Bhat son of Abdul Rasheed Bhat resident of Drabgam Bala Tehsil Rajpora District Pulwama, through his father seeks quashment of detention order No.33/DMP/PSA/18 dated 17.09.2018, passed by District Magistrate, Pulwama (for brevity "Detaining Authority"), directing preventive detention of the detenu.

(2.) The detention order, through the medium of writ petition on hand, has been challenged on the ground that the detenu was arrested by the security forces in the month of April, 2018 and during his custody, was detained under the provisions of J&K Public Safety Act vide detention order No.06/DMP/PSA/18 dated 15.05.2018 which was challenged in HCP No.128/2018 and same quashed vide order dated 29.08.2018. Thereafter detenue was shifted to Police Station Rajpora and was detained there illegally and was not released. While being in custody, he has again been detained under Public Safety Act custody in terms of order impugned.

(3.) Respondents, on notice, appeared and filed the counter affidavit refuting the grounds urged in the writ petition. The learned Additional Advocate General also produced the detention record to lend support to the stand taken in the counter affidavit.