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Says detaining authority failed to apply mind
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A policeman stands guard outside the Jammu and Kashmir High Court in Srinagar. File
| Photo Credit: NISSAR AHMAD
Says detaining authority failed to apply mind
The J&K High Court on Monday quashed the detention of Dr. Abdul Hameed Fayaz, chief of the banned Jamaat-e-Islami (JeI), saying, “the detaining authority had failed to apply its mind while passing the detention order”.
“The order of detention is clearly vitiated by total non-application of mind by the detaining authority. It should have been held so by the writ court. The judgement and the order of the writ court is set aside and the detention of the detenue is quashed,” a division bench, comprising Justice Rajnesh Oswal and Justice Sanjay Dhar, held.