MOHAMMAD AMIN RATHER Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-22
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 06,2020

Mohammad Amin Rather Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

UNION OF INDIA V. RANU BHANDARI [REFERRED TO]
SYED AASIYA INDRABI V. STATE OF JANDK AND ORS [REFERRED TO]
DHANANJOY DAS VS. DISTRICT MAGISTRATE DARRANG [REFERRED TO]
ABDUL LATIF ABDUL WAHAB SHEIKH VS. B K JHA [REFERRED TO]
SOPHIA GULAM MOHAMMAD BHAM VS. STATE OF MAHARASHTRA [REFERRED TO]
THAHIRA HARIS VS. GOVERNMENT OF KARNATAKA [REFERRED TO]


JUDGEMENT

Tashi Rabstan,J. - (1.)Petitioner through the medium of the present petition seeks quashment of the Detention Order No.56/DMP/PSA/19 Dated 08.08.2019, passed by the District Magistrate, Pulwama - respondentno. 2 herein, whereby Mohammad Amin Rather son of Ab. Rehman Rather resident of Litter, Tehsil Litter District Pulwama, has been placed under preventive detention.
(2.)It is submitted that vague and general allegations have been leveled against detenu and even dates of the incidents have not been mentioned in grounds of detention.
(3.)The grounds of detention, prepared by respondent no.2,indicate involvement of detenu in cases FIR no.02/2019 under Section 505,121 RPC, FIR no.321/2016 under Section 353-A RPC and FIR no.64/2018under Section 148, 149, 336, 186 RPC, whereas it is a specific case of the petitioner that detenu has already been released on bail in all these FIRs. However, in the grounds of detention, the detaining authority has not mentioned these vital facts, which clearly imply non-application of mind on the part of detaining authority in issuance of impugned detention order.
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