Arif Younis Ganai vs Ut Of J&K And Anr
2022 Latest Caselaw 1834 j&K/2

                                                        S. No. 16
                                                        Regular Cause List
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                            LPA No. 46/2022

Arif Younis Ganai                                ...Appellant/Petitioner(s)

Through: Mr. Owais Shafi, Advocate
                                   Vs.

UT of J&K and Anr.                                        ...Respondent(s)

Through:
CORAM:
    HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE
    HON'BLE MR JUSTICE WASIM SADIQ NARGAL, JUDGE
                               ORDER

27.10.2022

1. This appeal under Clause 12 of Letters Patent Appeal is directed

against the judgment dated 16.12.2021, passed by the learned Single

Bench, dismissing the writ petition WP(Crl) No. 175/2020, titled Arif

Younis Ganai v. UT of J&K and Others, whereby the challenge of the

petitioner to his detention order dated 12.09.2020, passed by the

District Magistrate, Shopian, under J&K Public Safety Act, 1978, has

been rejected.

2. Learned counsel for the petitioner submits that impugned order of

detention passed by the District Magistrate, Shopian, on 12.09.2020,

was simultaneously executed as the petitioner was already in custody

of State having been arrested in FIR No. 63/2020 under Sections 147,

148, 149 and 336 IPC. Learned counsel for the petitioner submits that

the detenu has undergone the maximum period of detention provided

under J&K Public Safety Act, and, therefore, the order of detention

which is subject matter of challenge in this appeal has outlived its life.

LPA No. 46/2022

3. Having heard learned counsel for the petitioner and perused the

material on record, we are of the view that this appeal with the efflux

of time has rendered infructuous, as the detention order dated

12.09.2020, was executed simultaneously for the petitioner was

already in custody of State in connection with FIR No. 63/2020. More

than two years have passed and petitioner has served maximum period

of detention provided under J&K Public Safety Act. The impugned

detention order has, thus, outlived its life and, therefore, this appeal

has been rendered infructuous.

4. For the foregoing reasons, this appeal is dismissed as having been

rendered infructuous. The respondents, however, are directed to

release the detenu forthwith from the preventive detention if not

already released, provided he is not required in some other case.

             (WASIM SADIQ NARGAL)                  (SANJEEV KUMAR)
                          JUDGE                            JUDGE

SRINAGAR
27.10.2022
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