SALMAN IBRAHIM SHEIKH Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-56
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 14,2020

Salman Ibrahim Sheikh Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

LALLUBHAI JOGIBHAI PATEL VS. UNION OF INDIA [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. 19/DMK/PSA/2019 dated 25.04.2019, purporting to have been passed by District Magistrate Kulgam, whereunder detenu namely Salman Ibrahim Sheikh s/o Mohammad Ibrahim Sheikh R/o Rampora, Tehsil Qaimoh, District Kulgam, is under detention.
(2.)Grounds pleaded in support of prayer are that respondent no. 2 has issued the detention order dated 25.04.2019 on the basis of grounds placed before him by respondent no.3 vide communication No. Legal/PSA-22/2019/2001-04 dated 05.04.2019. It is submitted that the detaining authority has not applied its mind while passing the detention order. It is submitted that the there is total non-application of mind while passing the impugned order of detention as the detenu was already under custody when the detention order was passed. It is submitted that the authority has not explained the grounds to the detenu in the language which he understands. It is submitted that no copy of translated version was furnished to the detenu to enable him to make an effective representation against the detention order, which renders the detention order liable to be set aside.
(3.)In his counter affidavit, respondent no.2 has stated that the detenu's activities being highly prejudicial to the sovereignty security and integrity of the State, his detention was necessary to prevent him from indulging in such acts, which was also approved by the Government and the State Advisory Board constituted u/s 14 of P.S. Act. During course of his submissions the respondents counsel besides reiterating the contents of counter affidavit has contended that in circumstances of the case the impugned detention is well founded in fact and law. Detention record has been produced.
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