MOHD YOUNIS DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. DMB/PSA/21 of 2019 dated 03.04.2019, purporting to have been passed by District Magistrate Budgam, whereunder detenu namely Mohammad Younis Dar s/o Mohammad Sultan Dar R/o Arwah Malik Mohalla Beerwah, Budgam, District Budgam, is under detention.

(2.) Grounds pleaded in support of prayer are that respondent no. 2 has issued the detention order dated 03.04.2019 on the basis of grounds placed before him by respondent no.3 vide communication dated 03.04.2019. 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.) Notice was issued to respondents. They appeared through their learned counsel filed counter affidavit wherein it is submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition. Detention record has also been produced.