MOHD. IQBAL BANDAY Vs. STATE

JUDGEMENT

(1.) Mohd Iqbal Banday has filed this petition through his father Ghulam Mohd Banday, seeking quashing of his detention Order No. 53/DMB/PSA/10 dated 12.03.2010 issued by District Magistrate, Baramulla under Section 8 of the Jammu and Kashmir Public Safety Act, 1978.

(2.) The grounds of detention reveal that detenue is a released militant of AI Jahad and works as a Painter and sign board writer by profession. He is a determined anti-social element and has been always on the forefront to participate in antinational activities. The detenue was always provoking people to observe strikes, processions against the Government and had caused law and order problems in and around Baramulla town. It is further stated that on 19.2.2006, he attacked one Mohd Ramzan Gojri S/o Gh. Qadir Gojri R/o Drangbal working as Chowkidar in Bus stand, Baramulla and inflicted serious injuries to him with a sharp edged weapon. In this regard FIR No. 268/2006 U/S 307, 324 RPC stands registered in Police Station Baramulla. It is stated that he motivated and instigated the people in stone pelting, organized masses and youth in anti-government protests and rallies and participated regularly in stone pelting on Government establishments, shops and plying vehicles. He organized public address program for Syed Ali Shah Geelani, by preparing sign boards and in this regard case FIR No. 254/2009 U/S 13 ULA, 153 RPC was registered in Police Station, Baramulla. On 19.02.2010 an unruly mob headed by the detenue resorted to stone pelting after Friday prayers in Main Chowk, Baramulla resulting in injuries to some police personnel and damage to the public property. In this regard Case FIR No. 44/2010 under Sections 148, 149, 336, 427 RPC and 3 P.P. Damages Act was registered against him in Police Station, Baramulla. It is, in these circumstances that the respondents have detained the detenu under Section 8 of the J&K Public Safety Act, 1978.

(3.) The petitioner has questioned the order of detention on the following grounds: