SAJAD AHMAD KHAN Vs. STATE

JUDGEMENT

(1.) Noticing the activities of the detenu prejudicial to the security of the State the detaining authority has passed the order of detention impugned, so as to deter the detenu from continuing with such activities. Aggrieved there of instant petition has been filed on behalf of the detenu by his father.

(2.) The grounds of detention as formulated would reveal that the detenu is an anti social element, instigates the youth of Baramulla to indulge in stone pelting. On 12.9.2008 detenu alongwith other associates while pelting stones were arrested in connection with the case FIR No. 138/08 Police Station Baramulla. Again for the similar activities on 7.10.2008 one more case was registered as FIR No. 165/08 Police Station Baramulla. On 11.2.2009 same activities were repeated, so again a case was registered as FIR No. 31/09 Police Station Baramulla. On 29.6.2009 the detenu is alleged to have again resorted to same activities, in the process one Motor Cycle was set ablaze and an abortive attempt to set ablaze one police vehicle. In the process of stone pelting number of CRPF and Police personnel including SHO got injured and case was registered under FIR No. 141/09 for commission of offences under Sections 435, 307, 147, 148, 353, 435, 307, 332, 336, 427 RPC, so was arrested. While in custody detention of the detenu under the provisions of Public Safety Act was found imperative, therefore, order of detention impugned dated 25.7.2009 approved by the Government on 4.8.2009, has been executed on 1.9.2009.

(3.) The contention that the detaining authority has not applied its mind, is substantiated by the record itself. In the order of detention dated 25.7.2009 it is mentioned by the detaining authority that on the basis of grounds of detention placed before him by the SSP Baramulla, satisfaction is derived to the effect that the detention is necessary so as to prevent the detenu from acting in any manner prejudicial to the security of the State. Further more has also mentioned that the detenu shall remain detained for Twelve (12) months.