ILIM DIN Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.1 /PSA of 2009 dated 9th March 2010, of District Magistrate, Jammu - respondent No.2 herein, whereby one Shri Ilim Din code Samundar son of Mangu Chauhan resident of Jamsher Tehsil Chatru District Kishtwar (herein after referred to as "detenue") has been placed under preventive detention and his lodgment directed in Central Jail Jammu, Kot Bhalwal. 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, father of three minor children, was, without any cause or justification, apprehended and detention order No. 1/PSA of 2009 dated 9th March 2010, slapped upon the detenue. The respondents are stated to have ignored to provide the detenue 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 Government in terms of Government order No.Home/PB-V/533 of 2009 dated 17th March 2009 and the State Advisory Board also to have approved the detention order. The Learned Government Advocate has made available detention record to lend support to the case set up in counter affidavit.