DHIRAJ SINGH THAKUR,J. - (1.) In this Habeas Corpus petition, the petitioner challenges the order of detention dated 27.01.2018, whereby the District Magistrate, Baramulla in exercise of the powers vested in him under Section 8(a) of Jammu and Kashmir Public Safety Act, 1978 has ordered the detention of the petitioner, with a view to prevent him from indulging in activities, which are prejudicial to the security of the State.
(2.) The grounds on which the order of detention has been challenged are that the detention order suffers from nonapplication of mind, inasmuch as, on the date when the detention order was passed the petitioner was already under arrest in FIR No. 07/2018 under section 506 RPC, 13 ULA, registered in Police Station, Bomai.
(3.) It was urged that despite being already under arrest in the aforementioned FIR, the petitioner was booked under the provisions of Preventive Detention Law vide order dated 24.03.2017, which was subsequently quashed vide judgment and order dated 27.11.2017.;