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Judgment
The instant Habeas Corpus petition has been filed challenging the order of detention bearing No.87/DMS/PSA/2017 dated 21.01.2017 passed
by District Magistrate, Shopian, i.e., Respondent No.2.
The primarily ground taken by learned counsel for the petitioner is that the grounds of detention in the present case is a verbatim repetition of the
earlier grounds of detention dated 19.09.2016. There is no new material in the impugned detention order for the detaining authority to come to the
conclusion that the activities of detenue can be said to prejudicial to the maintenance of public order.
On perusal of the earlier grounds of detention dated 19.09.2016 (Annexure-P1) and the present grounds of detention dated 20.01.2017
(Annexure-P6) which is related to the present impugned detention order dated 21.01.2017 it is evident that the averments are identical and same.
FIR Nos. 271/2016, 277/2016, 291/2016 and 293/2016 registered in Police Station, Shopian mentioned in the impugned grounds of detention
are also the subject matter of earlier grounds of detention, which was quashed by this Court in HCP No. 327/2016 vide order dated 28.12.2016.
The impugned detention order has been passed on the same set of facts except that of police dossier is dated differently. All other factual
aspects in the present grounds of detention are identical to the earlier grounds of detention. There is therefore, total non-application of mind by the
detaining authority. The grounds of detention which was the basis of the earlier detention order and quashed by this Court cannot form the basis for
passing the present detention order.
In view of the above, the impugned detention order is liable to be set aside. Accordingly, the instant Habeas Corpus petition is allowed, order of
detention bearing No. No.87/DMS/PSA/2017 dated 21.01.2017, is hereby quashed. The respondents are directed to release the detenue,
namely, Ab. Gani Khanday S/o Gh. Mohd Khanday R/o Herman, Tehsil Herman, District Shopian from preventive custody forthwith, if not
required in any other case.
Disposed of as above.