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Mere Reproduction Of The Police Dossier In Detention Order Can’t Justify The Detention : Jammu & Kashmir HC

The Jammu & Kashmir High Court (Jammu Wing) recently quashed a detention order detaining one Surinder Singh under Section 8 of the Jammu & Kashmir Public Safety Act, 1978
The Petitioner had challenged Order No. 02/DMU/JC/PSA-2019 dated 06.09.2019, passed by the respondent No.2, on the ground, among others, that the 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. The Single Bench of Justice Puneet Gupta observed,”No specific wording is required 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.” (emphasis supplied)

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