JUNAID AHMAD PARRAY Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER through the medium of instant petition calls in question the detention order No.DMS/PSA/46/2010 dated 22.07.2010, whereby District Magistrate Srinagar- respondent no.2 in the petition has directed preventive detention of the petitioner so as to prevent the petitioner from acting in any manner prejudicial to the maintenance of public Order and directed his lodgement at Kot Bhalwal Jail, Jammu. However, the respondents have not found it necessary till date to execute the detention order and detain the the petitioner. The detention order passed, therefore, hangs like Damocles Sword on the neck of the petitioner.

(2.) THE very fact that the respondents have not executed the detention order for last little less than two years, maximum period for which detention order can remain in force, indicates that the detention order has been passed in a mechanical manner.

(3.) THE matter falls within the ambit of law laid down in case titled Deepak Bajaj Vs. State of Maharashtra & anr. Reported in AIR 2009 Supreme Court 628 and cannot stand legal scrutiny.