MOHD. YOUNIS KHAN Vs. STATE

JUDGEMENT

(1.) THE detaining authority passed the following order under No. DMS/PSA/69 dated 6.2.2002.

(2.) THE detenu was already in the custody of the police for having been arrested on 12th of November 2001 in connection with FIR 209/2001 under Section 7/25 Indian Arms Act registered in Police Station Safa Kadal Srinagar. Pursuant to the detention order the detenu was taken into preventive custody on 15th Feb. 2002. The detention order has been challenged in this Habeas Corpus petition on various grounds. LC for the petitioner has however restricted the grounds of challenge which are being dealt with hereunder;

(3.) ON the basis of the aforesaid judgment Ld. Counsel has argued that in the absence of bail application the detaining authority could not have validly drawn the satisfaction that there was any likelihood of release of the detenu in the near future. On the other hand. Ld. Counsel for the State has argued simply because the detenu was already in the custody of the police when the detention order was passed. The detention order is not rendered invalid because it could be validly passed when the detaining authority was satisfied that detenu was likely to engage in the activities prejudicial to the security of the state after his release. In AIR 1990 SC 1196 it was held by their Lordships'.