JAHANGIR AHMAD KHAN Vs. STATE

JUDGEMENT

(1.) Order of detention bearing No. 38/DMB/PSA/09 dated 11-12-2009, pursuant to which detenue has been detained, is contended to be arbitrary exercise of power and violative of rights guaranteed.

(2.) Detenue in connection with case FIR No. 266/2009 is shown to have been arrested on 27-11-2009 for commission of offence punishable under Section 379 RPC, then pursuant to order impugned has been detained on 11-12-2009.

(3.) In the grounds of detention it is nowhere mentioned as to whether the detenue had applied for bail or there was any likelihood of grant of bail. Simply it is stated that normal laws are not sufficient to deter the detenue from committing antinational activities. In the year 2009 he has been arrested in connection with the case of theft of a vehicle. How theft of a vehicle can be termed to be prejudicial to the security of the State is not forthcoming. No doubt earlier in the year 2001 and 2006, the cases had been registered against the petitioner vis-a-vis recovery of arms and ammunition but no such allegation or imputation is alleged against the detenue in the grounds of detention from the year 2006 till the date of impugned order issued on 11-12-2009. A solitary instance of theft of vehicle in November, 2009 has been made base for passing the order of detention, which by itself shows as to how the detaining authority has failed to apply its mind.