MANZOOR AHMAD KILOO Vs. STATE OF J&K

JUDGEMENT

(1.) Manzoor Ahmad Kiloo has approached this Court through Shoukat Ahmad Khan, his relation, for setting him to liberty quashing District Magistrate, Anantnag's order No.Det/PSA/DMA/10/20 dated 10.06.2010, whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 to prevent him from acting in any manner prejudicial to the public order in South Kashmir.

(2.) The detention has been questioned on two grounds viz (1) the detenu was deprived of his right to make effective Representation to the Government against the detention because he was not supplied the material that had weighed with the Detaining Authority to direct his detention and (2) the Detention Order was the result of District Magistrate's non-application of mind, in that, there was nomaterial available with the Detaining Authority to record satisfaction that the detenu would be released from police custody in FIR No.231/2010 registered under Section 67 of the Information Technology Act, Section 5 of Prevention of Immoral Traffic (Pre-vention), Act and Sections 292, 506 & 385 of the Ranbir Penal Code and when so released indulge in activities prejudicial to the peace and tranquility in South Kashmir.

(3.) Contesting the pleas raised by the detenu, it is stated by the District Magistrate that the detenu had been detained to prevent him from acting in any manner prejudicial to the public order and situation in South Kashmir particularly in District Anantnag in view of his immoral activities for which he was arrested in FIR No.231/2010 registered at Police Station, Anantnag. The material, which had weighed with the Detaining Authority, is stated to have been supplied to the petitioner. According to the learned District Magistrate, release of the detenu on bail would have destroyed the social fabric of the society and the Detention Order was thus warranted in the circumstances.