NAZIR AHMED Vs. STATE

JUDGEMENT

(1.) Nazir Ahmed has approached this Court through his father Mohammad Yousaf for setting him to liberty quashing District Magistrate, Reasi's order No.PSA/2009/11 dated 23.11.2009, whereby he was ordered to be detained in preventive custody for a period of twenty four months.

(2.) The detenu's plea that he was in judicial custody in case arising out of FIR No.20/2009 registered under Sections 302/ 120-B RPC at Police Station, Mahore and there was no likelihood of his release on bail, in that, neither had he applied for such consideration nor was there any likelihood of his release in the offences which entailed punishment for death or imprisonment for life, so the exercise of power by the District Magistrate for his detention in preventive custody, was a result of non-application of mind, hence illegal, is contested by the State urging that the track record of the detenu warranted preventive action so as to prevent him from indulging in activities prejudicial and detrimental to the maintenance of Law and Order in the area of village Haribala (Gulabgarh), Mahore and the detention of the petitioner could not thus be faulted, in the facts and circumstances of the case.

(3.) I have considered the submissions of the detenue's learned counsel and the learned State counsel. The Detention Records too have been perused.