GHULAM AHMED MIR Vs. STATE

JUDGEMENT

(1.) Challenge in this petition is to the order No. 13 of 2008 dated 16th of September 2008 whereby District Magistrate, Rajouri -- Respondent No. 2 herein has ordered preventive detention of Ghulam Ahmed Mir alias Zia Mir S/o Ab, Aziz Mir, R/o Thanamandi, Tehsil Thanamandi, District Rajouri (hereinafter referred as detenue) under Jammu and Kashmir Public Safety Act, 1978. The preventive detention in question is assailed on the ground that the detention order has been made in violation of Article 21 and 22 of the Constitution of India as also provisions of Jammu and Kashmir Public Safety Act, 1978; that the Respondents failed to provide to the detenue the grounds of detention and the material relied upon, by the detaining authority and thus have dis-enabled the detenue from making a representation against the preventive detention; that earlier orders of detention slapped on the detenue were either quashed by the High Court or revoked by the Government rendering the fresh detention order un-warranted and against the law; that the order is based on the incident alleged to have taken place way back in years 1999, 2000, 2001 and 2004 and thus there were no compelling reason for the detaining authority to pass detention order; that in some of the cases registered against the Petitioner and referred to in the grounds of detention, prosecution has failed to prove its case and the detenue has been acquitted.

(2.) The grounds of detention, it is urged are vague and lacking in specific details making it impossible for the Petitioner to make use of constitutional and statutory safeguard; petition is opposed on the ground that grounds of detention were handed over to the detenue along with detention order and also read over and explained to the detenue; that the detenue was also informed that detenue had a right to file representation against his detention. The Respondents insisted that detenue is a hard core separatist and the detention order is in accordance with law.

(3.) Heard and considered.