HC quashes detention order for non-application of mind


SRINAGAR: Justice Javed Iqbal Wani of J&K High Court Srinagar Wing while quashing detention order of one Farooq Ahmad Bhat alias Tawheedi, observed that law enjoins upon detaining authority to be alive to all the facts and circumstances of case and on application of mind to all those facts and circumstances, the detaining authority has to draw subjective satisfaction that the detention of detenue becomes imperative. In instant case, all the facts are not brought to the notice of detaining authority or that the detaining authority is not aware of all the facts and circumstances and without considering the same it derives subjective satisfaction to detain a person, the same would amounts to non-application of mind on its part.
Justice Javed Iqbal Wani further observed that failure on the part of the detaining authority to show awareness with regard to bail granted to detenue in all the FIRs supra per-se amounts to non-application of mind on its part vitiating order of detention. Court further said that non-consideration of the representation of the detenue by the respondents cannot but said to be infringement of Article 22(5) of the Constitution thus, vitiating order of detention. With these observations, the High Court quashed the detention order.