Suhail Ahmad Waza vs State Of Jammu & Kashmir And Ors

Rashid Ali Dar, J

1) Pursuant to impugned detention order No.DMB/PSA/11 of 2018 dated 16.08.2018, Suhail Ahmad Waza(hereinafter referred to as the detenue) has been taken into preventive custody so as to deter him from acting in any manner prejudicial to the maintenance of public order. Petitioner Ghulam Mohammad Waza, father of the detenue, being interested in his life and liberty, has filed the instant petition seeking quashment of detention order.

2) Number of grounds haven projected while seeking quashment of the impugned detention order. One of the grounds is that the grounds of detention is the replica of the dossier.

3) While going through the records, as produced, the ground projected appears to be forceful. The grounds of detention is replica of dossier with interplay of words here and there, which exhibits non-application of mind, in the process deriving of subjective satisfaction has become a causality. The Hon'ble Apex Court in the judgment rendered in the case of "Jai Singh and ors vs. State of J&K" (AIR 1985 SC 764) has held as under:

"First taking up the case of Jai Singh, the first of the petitioners before us, a perusal of the grounds of detention shows that it is a verbatim reproduction of the dossier submitted by the Senior Superintendent of Police, Udhampur, to the District Magistrate requesting that a detention order may kindly be issued. At the top of the dossier, the name is mentioned as Sardar Jai Singh, father's name is mentioned as Sardar Ram Singh and the address is given as village Bharakh, Tehsil Reasi. Thereafter it is recited "The subject is an important member of ......."

Thereafter follow various allegations against Jai Singh, paragraph by paragraph. In the grounds of detention, all that the District Magistrate has done is to change the first three words "the subject is" into "you Jai Singh, S/o Ram Singh, resident of village Bharakh, Tehsil Reasi". Thereafter word for word the police dossier is repeated and the and the word "he" wherever it occurs referring to Jai Singh in the dossier is changed into 'you' in the grounds of detention. We are afraid it is difficult to find proof of non-application of mind. The liberty of a subject is a serious matter and is not to be trifled with in this casual, indifferent and routine manner."

4) Applying the aforesaid settled legal position to the facts and circumstances of the present case, there is no hesitation in observing that there is non-application of mind on the part of detaining authority in passing the impugned detention order.

5) In view of the facts of the present case and the law laid down by the Hon'ble Apex Court as quoted hereinabove, the order of detention impugned does not sustain on the above referred ground alone, therefore, other grounds projected in the petition are not required to be dealt with.

6) For the reasons and the law stated hereinabove, the petition is allowed and order No. DMB/PSA/11 of 2018 dated 16.08.2018, is quashed. The detenue is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case

7) Detention records, as produced, be returned to the learned counsel for the respondents.