BASIT AHMAD MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) Noticing the activities of Shri Basit Malik (hereinafter referred to as the detenue) prejudicial to the security of the State, he, pursuant to order No.DMS/ PSA/08/2018, dtd. 19/6/2018, passed by District Magistrate, Srinagar, has been taken into preventive custody by invoking powers under Sec. 8 of the J&K Public Safety Act. By the instant petition, validity of the said order is assailed on the grounds referred therein.

(2.) Learned counsel for the petitioner projected various grounds while seeking quashment of the impugned order but the star ground is that the detenue was already in custody in connection with case FIR No.55/2018 and FIR No.59/2018 registered by Police Station Safakadal for commission of offences punishable under Sec. 307 RPC, Explosive Substance Act, 427 RPC and so was in custody of said Police Station when the order of detention has been passed. There was no requirement of passing the order of detention but despite that impugned order has been passed without detailing out the compelling reasons in this regard, which shows as to how the detaining authority has applied its mind.

(3.) Respondents despite repeated opportunities neither filed counter affidavit nor produced the detention records.