ROSHAN DIN Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.DMR/PSA/OF 2009/22 dated 14th September 2009, of District Magistrate, Ramban - respondent No.2 herein, whereby one Shri Roshan Din son of Mohd Yousaf resident of Chirwani Trigam Banihal Tehsil Banihal District Ramban (herein after referred to as "detenue") has been placed under preventive detention and his lodgment directed in Central Jail, Kot Bhalwal Jammu. The petitioner is wife of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) The brief history of the case, as set out in the petition, is that the detenue, a father of six children - all minor, was without any cause or justification, apprehended on 8lh July 2009 and subsequently detention order No. DMR/PSA/OF 2009/22 dated 14th September 2009, was slapped upon the detenue. It is pleaded that a letter No.554-55/DMR dated 14.09.2009 was addressed to petitioner with grounds of detention. The respondents, it is insisted, have ignored to provide detention order and material, relied upon by Detaining Authority to order detention and thus deprived detenue of his Constitutional and Statutory rights. Grounds of Detention are stated to be vague, non-existent and unfounded.

(3.) The respondents have, in their Counter Affidavit, disputed the averments made in the petition and insisted that the activities of detenue were highly prejudicial to the security of the State. It is pleaded that the detention order and grounds of detention were handed over to the detenue at the time of execution of detention warrant after same were read over and explained to the detenue. The detention order is said to have been approved by the State Advisory Board and subsequently by Government as well in terms of order No. Home/PB-V/906/2009 dated 15.10.2009. The Learned Government Advocate has made available detention record to lend support to the case set up in counter affidavit.