RAMEEZ MOHI UD DIN LONE Vs. STATE OF JAMMU & KASHMIR
LAWS(J&K)-2019-10-26
HIGH COURT OF JAMMU AND KASHMIR (AT: SRINAGAR)
Decided on October 16,2019

Rameez Mohi Ud Din Lone Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

ALI MOHAMMAD MAGREY,J. - (1.) Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 07-DMK/PSA of 2019 dated 8.02.2019, purporting to have been passed by District Magistrate,Kupwara, whereunder detenu namely Rameez Mohi ud din Lone s/o Ghulam Mohi ud din Lone R/o Mir Mohalla Trehgam, District Kupwara, is under detention.
(2.) The detenu, through his brother, challenges the aforesaid detention order through the medium of aforesaid petition, inter alia, on the grounds that the order of detention suffers from non-application of mind; "a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody even after quashment of the earlier detention order; b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order; c) that the detaining authority has not prepared the grounds itself, which is a pre-requisite for him before passing any detention order."? d) that the detaining authority has not spelt out as to what were the "other connected documents"?. e) that while passing the order of detention against the detenu, the respondent no.2 has violated all the procedural safeguards enshrined in Art. 22 (5) of the Constitution of India."?
(3.) Notice was issued to respondents. They appeared through their learned counsel and filed counter affidavit wherein they submitted that th detention order is well founded in fact and seeks dismissal of the Heabus Corpus petition.;


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