BILAL AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Detenu - Bilal Ahmad Bhat son of Late Ghulam Rasool Bhat resident of Check Chulan Shopian Tehsil Hermain District Shopian, through his mother seeks quashment of detention order No.135/DMS/PSA/2018 dtd. 6/9/2018, passed by District Magistrate, Shopian (for brevity "Detaining Authority"), directing preventive detention of the detenu.

(2.) Learned counsel for the petitioner contended that that the detenue had been admitted to bail in FIR No.24/2018 but this fact has not been made mention of in the grounds of detention though reference to said FIR has been made. Either detaining authority has been kept in dark or otherwise detaining authority has not applied its mind properly. While detaining a person under Public Safety Act, detaining authority is under a legal obligation to analyse all the circumstances and material and then to gather conclusion about the requirement of depriving a person of his personal liberty.

(3.) Non-mention about the grant of bail is serious lapse which in turn gives rise to the inference that there is non-application of mind. Similar situation has been dealt with by the Apex Court. It is quite relevant to quote following portion from para 8 of the judgment rendered by the Hon'ble Apex Court in the case of "Anant Sakharam Raut v. State of Maharashtra and another" reported in AIR 1987 SC 137:-