AQIF AHMED BHAT Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-40
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 18,2020

Aqif Ahmed Bhat Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Rajesh Bindal,J. - (1.)The petitioner has approached this court impugning the detention order dated 20.03.2019 vide which he was ordered to be detained under Section 8 of the J&K Public Safety Act, 1978 (for short 'the Act') for a period of three months.
(2.)Learned counsel for the petitioner raised three-fold arguments. He submitted that the detaining authority did not have any power to mention the period of detention as it could be maximum for a period of 12 days, if seen in the light of provisions of Section 8(4) of the Act. He further submitted that on the date when the impugned order of detention was passed, the petitioner was already in custody in FIR No. 82/2018. The order does not mention as to what was the apprehension of the authorities on account of which the petitioner was ordered to be detained when he was already in custody. The order also does not suggest that there was any apprehension of breach of peace in case the petitioner was released on bail. In fact, the petitioner was falsely implicated in the aforesaid FIR. He was released on 20.03.2019 on account of default of the prosecution to present challan.
(3.)It was further argued that complete material on the basis of which the order of detention was passed was not supplied to enable him to make proper and effective representation to the Advisory Board.
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