Syed Tajamul Andrabi vs Union Territory Of Jk & Anr
2022 Latest Caselaw 582 j&K/2

                                                                    Serial No. 40
                                                              Supplementary-1 Cause List

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR



                             LPA No. 192/2021


Syed Tajamul Andrabi
                                                           ... Appellant(s)
                                Through: -
                       Mr Wajid M. Haseeb, Advocate.
                                     V/s
Union Territory of JK & Anr.
                                                          ... Respondent(s)

Through: -

Mr Asif Maqbool, Dy. AG.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Puneet Gupta, Judge (ORDER) 12.05.2022 Magrey-J (Oral):

This is an intra Court appeal filed by the Writ Petitioner/

Appellant herein assailing the Judgment dated 28th of December, 2021

passed by the learned Writ Court in WP (Crl) No. 17/2021, 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.

09/DMP/PSA/21 dated 29th of January, 2021 passed by the District

Magistrate, Pulwama/ 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 Wajid M. Haseeb, 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 of challenge 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 satisfaction recorded by the detaining

Authority while passing the detention Order. It is pleaded that the learned

Writ Court has also brushed aside the fact that the detenue was already

admitted to bail in connection with case bearing FIR No. 83/2020 registered

in Police Station, Rajpora but same was not reflected in the grounds of

detention, as such, the detention Order was/ is liable to be quashed. It is also

pleaded that the detention Order also suffers from unexplained delay

inasmuch as the last alleged activity recorded in relation to the detenue was

of 20th of September, 2020 and the detention Order has been issued on 29 th

of January, 2021.

Mr Asif Maqbool, the learned Deputy Advocate General,

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 Deputy Advocate

General.

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 Deputy Advocate

General in the open Court.

                                  (Puneet Gupta)                 (Ali Mohammad Magrey)
                                     Judge                                 Judge
           SRINAGAR
           May 12th, 2022
           "TAHIR"




TAHIR MANZOOR BHAT
2022.05.12 16:57
I attest to the accuracy and
integrity of this document