Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 5286 (JK)

SHAKEEL MOHD R S PURA JAMMU TH BANO BIBI v. U T OF J AND K TH PRINCIPAL SECRETARY TO GOVT HOME DEPTT AND ANOTHER

LPA/256/2024 · 2025-03-17

Puneet Gupta, Sanjeev Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: LPA No.256/2024 in HCP No.55/2024 Shakeel Mohd. ..... Appellant(s) Through :- Mr. Randhi Singh, Advocate vice Mr. Gagan Oswal, Advocate Vs Union Territory of J&K and another .....Respondent(s) Through :- Ms. Sagira Jaffar, Assisting Counsel to Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 17.03.2025 01. This intra-court appeal by the appellant arising out of an order and judgment dated 21.11.2024 passed by the learned Single Judge of this Court [the writ Court] in HCP No.55/2024 titled ‘Shakeel Mohd. Vs. Union Territory of J&K and another’, whereby the writ Court has dismissed the habeas corpus petition filed by the appellant to throw challenge to his detention ordered by the District Magistrate, Jammu, vide Order No.PSA/12 of 2024 dated 16.03.2024. 02. From perusal of the order of detention it clearly transpires that the detention of the appellant was ordered by the District Magistrate, Jammu, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Sr. No. 35 2 LPA No.256/2024 03. The order of detention was executed and the appellant was taken in preventive custody on 18.03.2024. Since the order of detention in respect of ‘public order’ can be passed only for a maximum period of one year, as such, the maximum period of detention of the appellant expires today i.e. on 17.03.2025. The impugned order of detention dated 16.03.204 has, therefore, outlived its life and cannot be made use of for further detention of the appellant. Accordingly, this appeal has been rendered infructuous and the same is, accordingly, disposed of, directing the respondents to release the appellant from preventing detention forthwith provided he is not required in some other cases. (PUNEET GUPTA) (SANJEEV KUMAR) JUDGE JUDGE JAMMU 17.03.2025 Shammi SHAMMI KUMAR 2025.03.19 13:07 I attest to the accuracy and integrity of this document