MUBASHIR HUSSAIN RATHER Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-7-25
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 27,2020

Mubashir Hussain Rather Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents




JUDGEMENT

Sindhu Sharma,J. - (1.)District Magistrate, Shopian vide his order No. 38/DMS/PSA/2019 dated 10.08.2019 had detained Mubashir Hussain Rather S/o Abdul Gani Rather R/o Astan Mohalla Awneera, District Shopian under Clause (a) of Section 8 of the Jammu and Kashmir Public Safety Act, 1978 from acting in any manner which is prejudicial to the security of the State/Country. This detention order has been assailed by the detenu through his wife in the present petition.
(2.)The detenu is aggrieved of the aforesaid order of detention on the ground that the Detaining Authority has not followed the procedural safeguards as provided under Article-22(5) of the Constitution of India. The Detaining Authority has also not furnished to the detenu all the material relied upon, while passing the aforesaid detention order, as such, the detenu could not make an effective and purposeful representation against the order of detention. There is non-application of mind by the Detaining Authority, while passing the order of detention. Lastly, the grounds of detention do not disclose any eminent threat to the health, wealth and welfare of the society. Detaining Authority has not even assigned any compelling and cogent reason for passing the order of detention.
(3.)Learned counsel for the detenu, however, during arguments, has pressed only one ground for his present detention that the detenu was already detained under the provisions of Public Safety Act in terms of order No. 02/DMS/PSA/2019 dated 14.03.2019. The said detention order was challenged by the detenu before this Court in a writ petition being WP(Crl.) No. 123/2019, which was allowed by this Court vide order dated 26.07.2019. The order of detention dated 14.03.2019 was quashed and the detenu was directed to be released from the preventive custody. However, the respondents instead of releasing him in terms of the judgment dated 26.07.2019, had again detained him under the Public Safety Act vide order dated 10.08.2019 of the Detaining Authority on the same grounds of detention, on which the earlier detention order was made.
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