Quashed

Farooq Ahmad Dar v. State of Jk and Others (Home Department)

J&K HC12 Jul 2021OWP/1036/2009

Case brief

AI extract

What is this about?

The High Court of Jammu and Kashmir quashed a detention order dated 31.08.2009 issued against the petitioner under the Public Safety Act. The court noted that the grounds for detention were stale and the proximate link between the grounds and the order was broken.

What did the court decide?

The detention order bearing No. DMS/PSA/29/2009 dated 31.08.2009 passed by respondent No.2-District Magistrate, Srinagar is quashed.

Farooq Ahmad Dar Vs State of Jk and Others (Home… — Pension and Retirement Benefits | J&K HC (2021)

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S.No. 201 After Notice List

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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

OWP 1036/2009

FAROOQ AHMAD DAR

…Petitioner(s)

Through: Mr. Wajid Haseeb, Adv.

V/s

STATE OF J&K & ORS.

…Respondent(s)

Through: Mr. Asif Maqbool, Dy.AG vice Mr. B.A.Dar, Sr.AAG.

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Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

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ORDER

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1. In this petition filed under Article 226 of the Constitution of India, the petitioner prays for writ of certiorari for quashing his detention order issued by respondent No.2-District Magistrate, Srinagar vide his No. DMS/PSA/29/2009 dated 31.08.2019 at pre-execution stage.

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2. It may be noted that at the very first date of hearing, learned counsel for the petitioner vehemently prayed for stay of the order impugned, however, this Court only issued notice to the respondents for their response. It took almost 1½ year for the respondents to respond. Thereafter, this Court, after considering the objections filed by the respondents, vide order dated 27.01.2010, provided that the petitioner shall not be taken into preventive custody in pursuance of the impugned order. This is how the petitioner has not been detained and that this petition is pending for the last more than 10 years. It is also interesting to note that right from 11^th November, 2009, when this petition was entertained and notice was issued to the respondents till the impugned order was stayed on 27.01.2010, the petitioner was not detained in terms of the impugned order, which clearly shows that

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even the detaining authority, which had passed the order of detention did not see any urgency in arresting the petitioner.

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3. Be that as it may, the grounds which were available with the detaining authority for ordering the detention of the petitioner in the year 2009, might have become stale and redundant and, therefore, could not be made the basis for detention of the petitioner in the year 2021. The proximate link which the grounds of detention might have with order of detention issued in the year 2009 is now completely snapped. However, for any subsequent activities, if the detaining authority is of the view that the petitioner needs to be detained under Public Safety Act, this order would not come in the way of the detaining authority.

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4. For the aforesaid reasons, this petition is allowed and the order of detention bearing No. DMS/PSA/29/2009 dated 31.08.2019 passed by respondent No.2-District Magistrate, Srinagar, is quashed.

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(SANJEEV KUMAR) JUDGE

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Srinagar 12.07.2021 Muzammil. Q

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MUZAMIL QADIR 2021.07.12 14:48 I attest to the accuracy and integrity of this document

Farooq Ahmad Dar v. State of Jk and Others (Home Department)

Case brief

What is this about?

What did the court decide?

Farooq Ahmad Dar v. State of Jk and Others (Home Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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