K.G.Balakrishnan, Arun Kumar, JJ. - (1.)This writ petition has been filed on behalf of one Farooq Ahmed Dar who has been detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978. The detention order was passed on 5.11.2004. The Secretary of the State Legal Aid Committee of Jammu and Kashmir has challenged the detention order on the ground that there are no valid grounds to pass the detention order against Farooq Ahmed Dar. Counsel for the Petitioner pointed out that previously there was a detention order passed against the very same detenu and this Court by the order dated 5.11.2004, State Legal Aid Committee, J & K v. State of J & K. (2005) 9 SCC 667, quashed the detention order and released him. The detention order was quashed on the ground that no material was placed on the record to substantiate the contention that the detenu was given liberty to file a proper representation against the detention order. This Court observed that the grounds of detention were neither read nor were explained to the detenu and he was not informed of his right to make a representation. Of course, in that order, this Court has stated that there was no bar for a fresh order of detention being passed. Counsel for the Petitioner submitted that previously also the detention order was passed against the very same detenu and the main ground for detention was that the detenu was a member of the terrorist group which has killed so many innocent civilians and Government servants and these civilians belong to the minority community which has resulted in mass exodus of members of the minority community and they belong to different parts of the country. A list of a series of criminal cases filed against the detenu is also given in the ground of detention. In the previous order also the very same ground was mentioned and almost the very same cases have been given as the grounds of detention. It is pertinent to note that this Court passed the order quashing the detention order on 5.11.2004 and on the very same day when the present detention order was passed. If a series of criminal cases have been filed against the detenu the State can very well proceed against him in accordance with law. It appears that the detention authority has not applied its mind when the order of detention was passed. Accordingly, we set aside the detention order dated 5.11.2004. The Petitioner may be released forthwith if not required in any other case. The State would be at liberty to take action in the pending criminal cases.
(2.)The writ petition is disposed of accordingly.