ROUF AHMAD DAR Vs. GOVT. OF J&K
LAWS(J&K)-2020-11-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 11,2020

Rouf Ahmad Dar Appellant
VERSUS
Govt. Of JAndK Respondents




JUDGEMENT

Ali Mohammad Magrey, J. - (1.)The detenu, Rouf Ahmad Dar son of Ab. Gani Dar resident of Khurampora, Trendzo, District Shopian, through his brother seeks quashment of detention order no.68/DMS/PSA/2020 dated 01.07.2020 purporting to have been passed by District Magistrate Shopian, 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 aforesaid order of detention, the detenu was already in custody;

(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 by virtual mode and filed counter affidavit as well by e-mail wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition. The detention record received through e-mail, perused the same, copy retained on the file.
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