SADDAM HUSSAIN TH BROTHER v. UT OF J AND K TH COMMISSIONER SECRETARY AND OTHERS
HCP/151/2024 · 2025-04-21
Sindhu Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5350 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5350 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CM No. 2425/2025 in HCP No. 151/2024
Saddam Husain @ Sai …. Petitioner/Appellant(s)
Through:- Mr. Sanchit Verma, Advocate
V/s
Union Territory of J&K & ors. …..Respondent(s)
Through:- None
CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER 28.04.2025
1. This is an application seeking direction to the Superintendent of Police, District Jail, Kathua to release the detenu from preventive custody as the detention order dated 25.04.2024 has been quashed vide
judgment dated 21.04.2025.
2.
Learned counsel for the petitioner submits that as the detention
order was never provided to the detenu, therefore, inadvertently respondent No. 4 was mentioned as Superintendent, Central Jail, Kot Bhalwal Jammu instead of Superintendent of Police, District Jail, Kathua, in the petition, and the detenu is in the custody of Superintendent of Police, District Jail, Kathua.
3.
Learned counsel further submits that after quashing the detention
order dated 25.04.2024 vide judgment dated 21.04.2025, a docket was sent to the Superintendent, Central Jail, Kot Bhalwal Jammu but the same could not be given effect to.
2
4. In view of the aforesaid peculiar facts and circumstances of the case, this application is allowed and Superintendent of Police, District Jail, Kathua, is directed to release the detenu from preventive custody in terms of the judgment dated 21.04.2025, provided he is not required in any other case.
5. This application stands disposed of accordingly.
(SINDHU SHARMA)
Judge JAMMU RAM MURTI/PS 28.04.2025
Ram Murti 2025.04.28 16:22 I attest to the accuracy and integrity of this document