Justice Puneet Gupta quashed the detention under Public Safety Act of Mohd. Asgar alleged hard core criminal, as the order of detention passed by the detaining authority is without application of mind.
The petitioner Mohd. Asgar has called in question order of detention bearing No. 05 of 2020 dated 22.02.2020, passed by the respondent No.2-District Magistrate, Jammu, on the ground that the details of FIRs mentioned in the order impugned do not speak of the status of the petitioner in those FIRs, the relevant material has not been supplied nor the contents of the grounds of detention have been explained to the petitioner in the language he understands, the non-application of mind is exhibited in the detention order and that the case of the petitioner was not referred to the Advisory Board and finally the order is not confirmed by the Authorities within the statutory period of the Jammu and Kashmir Public Safety Act.
Justice Puneet Gupta after hearing both the sides observed that important factor which bears non-application of mind of the detaining authority is the fact that the detention order is without any doubt a copy of the dossier submitted by the Senior Superintendent of Police to the respondent No.2. Except for mention in the detention order that the order against the petitioner is passed in exercise of powers conferred under Section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978, the order of detention is verbatim of the dossier from the respondent No.3. The court does not find any material other than the dossier which forms basis of impugned order of detention. With these observations High Court quashed the detention under PSA. JNF