Bashir Ahmad Sheikh vs Union Territory Of JK & Ors

Ali Mohammad Magrey, J

This is an intra Court appeal filed by the Writ Petitioner/ Appellant herein assailing the Judgment dated 29th of December, 2021 passed by the learned Writ Court in WP (Crl) No. 44/2021, whereby and whereunder the Petition of the Appellant stands dismissed. In the said Writ Petition, the Appellant had thrown a challenge to the detention Order No. 05-DMK/PSA of 2021 dated 2nd of February, 2021 passed by the District Magistrate, Kupwara/ Respondent No.2, in terms whereof the Appellant has been taken into preventive custody with a view to prevent him from acting in any manner prejudicial to the security of the State.

Mr Sheikh Manzoor, the learned Counsel for the Appellant, submitted that the learned Writ Court, while passing the impugned Judgment, has not appreciated the legal position governing the subject in its true and correct perspective and in tune with the facts of the case. While reiterating the grounds urged in the memo of appeal, the learned Counsel submitted that the detention Order was, primarily, bad in law on the ground that there was no compelling circumstance for the detaining authority to pass the impugned Order of detention when the detenue was already in custody in connection with case bearing FIR No. 57/2020 registered in Police Station, Karnah, for the commission of offences punishable under Sections 8/21 and 29 NDPS Act; 13, 16, 18 & 39 Unlawful Activities (Prevention) Act; and 7/25 Indian Arms Act. It is pleaded that the learned Writ Court has brushed aside the aforesaid important aspect of the matter urged by the Appellant in the Writ Petition seeking quashing of the impugned detention Order dated 2nd of February, 2021 passed by the Respondent No.2 and has dismissed the Petition filed by the Appellant.

Mr Sajjad Ashraf Mir, the learned Government Advocate, representing the Respondents, has vehemently supported the impugned Judgment passed by the learned Writ Court. It is submitted that the learned Writ Court has analysed each and every aspect of the matter in tune with the mandate of law governing the subject.

We heard the learned Counsel for the parties and have perused the pleadings on record. We have also gone through the relevant detention records as made available before the Court by the learned Government Advocate.

From a plain reading of the impugned Judgment passed by the learned Single Judge in the context of the facts and circumstances of the instant case, we are of the considered view that the said Judgment is lucid and clear. The Writ Court has not only appreciated all the grounds urged by the Appellant in the Writ Petition, but has also rendered clear and accurate findings with regard to each and every ground pressed into service by the Appellant in tune with the mandate of law governing the subject. After going through the relevant records, it can be safely said that the impugned Judgment has taken care of all the aspects of the matter in detail and that no such ground/ material has been placed before us in this appeal so as to reverse the findings returned by the learned Single Judge and take a view contrary to the one taken in the impugned Judgment. In that view of the matter, we find no merit in this appeal which is, accordingly, dismissed.

Detention records are returned to the learned Government

Advocate in the open Court.