MOHAMMAD ASRAR-UL-HAQ Vs. STATE

JUDGEMENT

(1.) THE petition in hand throws challenge to order No. 07/PSA/2009 dated 1.10.2009 passed by District Magistrate Jammu - -respondent No. 2 whereby the respondent No. 2 has placed Sh. Mohammad Asrar -Ul -Haq Son of Bashir Ahamad Zargar Resident of Neeli Tehsil Gandoh Doda (herein after called as detenue) under preventive detention and later directed to be lodged at Central Jail Kotbalwal Jammu. The detention order is questioned on the grounds that order suffers from non -application of mind by Detaining Authority, that the grounds of detention and other material were not provided to the detenue; that the detenue was not informed that he had a right to make representation against the detention order and thus Constitutional and statutory safeguards available to the detenue stand violated with impunity.

(2.) THE respondents have in their Counter Affidavits disputed the averments made in the petition and insisted that the detenue had associated with terrorists. 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/1842/2009 dated 5th October 2009 and that the State Advisory Board also approved the detention order.

(3.) IN the circumstances the petition is allowed and the detention order No. 07/PSA/2009 dated 1.10.2009 passed by the District Magistrate Jammu/respondent No. 2, directing preventive detention of Mohammad Asrar -Ul -Haq Son of Bashir Ahamad Resident of Neeli Tehsil Gandoh Doda, is quashed. Resultantly, the detenue is directed to be let off, unless of course the detenue is required in any other case(s), justifying his continued custody/detention.