SHOWKET AHMAD BAKSHI Vs. STATE

JUDGEMENT

(1.) IN pursuance of detention order No: DMS/PSA/155 dated: 17.01.2000 passed by respondent No:2 under section 8 of the J&K Public Safety Act (hereinafter to be referred to as Act) Shri Showket Ahmad bakshi was detained for 24 months. The order was based on the grounds that he is a stunch member of JKLF which is an outlawed organisation having its headquarter in Pakistan occupied area of the State of Jammu & Kashmir. The aim and object of the said organisation is to secede the state of Jammu & Kashmir from Union of India by waging a war. In order to achieve this goal the detenue motivates Kashmiri muslim youths to become the activists of the organisation and receive training in handling the weapons and then execute the terrorist and subversive activities in the valley.

(2.) THE detenue alongwith his associates were lodged in Central Jail Srinagar where he hatched up a criminal conspiracy to step up the militant activities by indulging in armed actions against security forces through militant outfits. The names of the associates (numbering 14) have been mentioned in the grounds of detention. The detenue and his associates were sending messages to various militant outfits to step up militancy related activities, the messangers numbering six have been named. After receiving these messages the members of the concerned outfits step up militancy related activities which result in the commission of violent acts.

(3.) THE detenue is facing trial before the addl. Designated TADA court srinagar. There was likeli -hood of his being released on bail so in order to prevent him from carrying on subversive and anti -national activities the above said order was passed which through the medium of this habeas corpus petition has been challanged on the following grounds: -