GULZAR AHMAD GANIE Vs. STATE OF J&K AND ANR
LAWS(J&K)-2020-11-47
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 23,2020

Gulzar Ahmad Ganie Appellant
VERSUS
State Of JAndK And Anr Respondents




JUDGEMENT

ALI MOHAMMAD MAGREY - (1.)The detenu, Gulzar Ahmad Ganie son of Ali Mohmmad Ganie resident of Arreh, District Kulgam, through his wife seeks quashment of detention order no. 17/DMK/PSA/2019 dated 08.04.2019 purporting to have been passed by District Magistrate Kulgam, with consequent prayer for release of the detenu forthwith.
(2.)The petitioner-detenu has challenged the order of detention on the following grounds:
"(a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the detention order, the detenu was already under custody, though granted bail in FIR No. 97/2018;

(b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

(c) that the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for him before passing any detention order.

(d) that the detaining authority has not applied its mind while passing the detention order."

(3.)Notice was issued to respondents. They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition. Copy of detention record received through e-mail, perused the same, and retained on the file.
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