SHAHID SALAM NAIKOO Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-37
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 13,2020

Shahid Salam Naikoo Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

WASIUDDIN AHMED VS. DISTRICT MAGISTRATE ALIGARH U P [REFERRED TO]


JUDGEMENT

Ali Mohammad Magrey,J. - (1.)Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 160/DMS/PSA/2019 dated 26.02.2019, purporting to have been passed by District Magistrate Shopian, whereunder detenu namely Shahid Salam Naikoo s/o Abdul Salam Naikoo R/o Bonbazar, Shopian, District Shopian, is under detention.
(2.)It is submitted that the detenu applied before the competent court of jurisdiction for bail which was granted but instead of releasing he was implicated in a case FIR No. 318 of 2018 and being in custody he was shifted to central Jail Kotebalwal Jammu to be detained under the provisions of Public Safety Act. It is submitted that the detenu was already under custody when the detention order was passed and there were no compelling reasons for the detaining authority to pass the detention order, and that the grounds of detention were not duly communicated to him, which renders the detention order bad. During course of submissions, the petitioner's counsel has reiterated the contents of petition, while the State counsel relying on his counter affidavit argued that the copy of the grounds of detention has been served on detenu against proper receipt which forms part of file, and he was duly informed about his right to make a representation, and as such the detention was fortified in fact and law.
(3.)Heard learned counsel for the parties.
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