The Jammu & Kashmir HC recently quashed a detention order detaining Surinder Singh under section 8 of the Jammu & Kashmir Public Safety Act, 1978. The petitioner had challenged the order which was on the ground that Respondent No. 2 had not applied mind properly as the police dossier had been reproduced only while passing the impugned order and that the order impugned had been passed on non-existent grounds and upon ulterior motives.
It was contended by the Counsel that the grounds of detention which are part and parcel of the detention order reflect the number of FIRs which stand registered against the petitioner but the same does not indicate the outcome/progress of those FIRs.
On the other hand, the counsel for the respondents argued that the fact that the mention of FIRs in the detention order/ dossier detail out the facts of the case and the details of the FIRs, the detention order cannot be said to be deficient on the ground as argued on behalf of the petitioner.
Justice Puneet Gupta observed that “No specific wording to be maintained while passing the order of detention while assessing the case in a subjective manner but the order has to reflect that proper application of mind has been applied keeping in view all the facts and circumstances of the case. Mere reproduction of the dossier in the detention order cannot justify the detention order in such circumstances.”
Consequently the court said that the detention order not only misses out on the above vital aspect of the case but also again shows the non-application of mind on the part of the respondents. The order of detention was quashed. The petition was accordingly, disposed of along with the connected application.
