BASHARAT AHMAD MIR Vs. STATE OF JK

JUDGEMENT

(1.) This intra Court Appeal is directed against the judgment of the learned Single Judge dtd. 3/8/2018, passed in HCP no. 38/2018, whereby the petition filed on behalf of one Basharat Ahmad Mir S/o Late Abdul Khaliq Mir R/o Munpappy, Budgam (hereinafter referred to as detenu) seeking to challenge the detention order passed under Jammu and Kashmir Public Safety Act (for brevity PSA) has been dismissed. Apart from other grounds of challenge taken by the petitioner in this Appeal, the ground which is strenuously urged is that the detention of the detenu on the selfsame grounds on which earlier detention order had been passed and subsequently quashed by this Court, was sheer abuse of police power by the State.

(2.) Having heard learned counsel for the appellant and perused the record, we are of the view that this Appeal must succeed on the aforesaid ground alone. This also obviate the necessity of dealing with other grounds of challenge urged on behalf of the appellant-detenu.

(3.) Admittedly, the writ petition filed on behalf of the detenu challenging his detention on various grounds has remained un-rebutted. We do not find any reply affidavit filed on behalf of the State or Detaining Authority. Perusal of the detention record produced, however, reveals that in view of the active involvement of the appellant in terrorist activities and his affiliation with LeT Terrorist Outfit, the appellant was, in the year 2013, booked under FIR No. 216 of 2013 under Sec. 302, 307, 120-B RPC registered at Police Station Chadoora for his involvement in the killing of Shri Shabir Ahmad, the then SHO Police Station, Chadoora. It may be noted that even before registration of the aforesaid FIR, which ultimately ended in acquittal of the detenu, he had remained under detention in PSA wherefrom he was subsequently released on completion of term. There is a reference to another incident of 24/12/2013 with