Jammu & Kashmir High Court Grants Relief To Islamic Cleric Detained Based On FIR Which Concluded In Acquittal
Case: Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others
Coram: Justice Javed Iqbal Wani
Case No.: WP (Crl) No. 696/2022
Court Observation: Perusal of the record tends to show that the grounds of detention bear reference to FIR (supra) in which the detenu is stated to have been acquitted. There is nothing stated in the reply filed by respondent no. 2 regarding the acquittal of the detenu in the said FIR reflecting complete unawareness of the respondents
“Perusal of the grounds of detention/order of detention would manifestly reveal that the detaining authority has not drawn any satisfaction as per the mandate laid down by the Apex Court in the case of Surya Parkash Sharma (supra), while passing the impugned detention order against the detenu and in fact has failed to express any compelling reason thereof. The impugned order, thus, in law, does not sustain on this count alone”.
“In law, it is the detaining authority, which has to go through the reports and other inputs received from concerned police and other agencies and on such perusal draw subjective satisfaction that a person is to be placed under the preventive detention. It is, thus, for the detaining authority to formulate the grounds of detention and satisfy itself that the grounds of detention so formulated warrant passing of the order of preventive detention”
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