KHALID HUSSAIN MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner has questioned the order of detention bearing No. 12/DMK/PSA/2019 dated 18.03.2019 issued by the respondent No. 2 by virtue of which the petitioner has been ordered to be detained under the Jammu and Kashmir Public Safety Act, 1978 (for short the Act).

(2.) It is stated by the petitioner that on 22.07.2019, he was arrested by the Police Post, Behbagh and remained under their illegal custody up to 03.08.2019 and later on 04.08.2019, he was shifted to Central Jail Kotbhalwal and then only he came to know that he was detained under the Act. The petitioner has further submitted that the procedural safeguards envisaged under the Constitution of India and in terms of the Act, have not been complied with by the detaining authority while passing the order of detention. It is further submitted that the detention order was passed on 18.03.2019 by respondent No. 2 oblivious to the fact that the petitioner was already on bail and also there is inordinate delay in execution of the detention order and the grounds of detention were not prepared by the detaining authority itself, as such, there is no subjective satisfaction on the part of detaining authority. The respondents have not supplied the documents i.e. order of detention, dossier, copy of FIR, recovery memo, statements and documents relied upon by the detaining authority to the petitioner.

(3.) The respondents have filed the reply affidavit, in which they have categorically denied all the grounds taken by the petitioner. They have categorically stated that all the requisite documents were provided to the petitioner. They have also stated that the procedural safeguards guaranteed under the Constitution of India have been complied with. They have further stated that the petitioner had joined Jammat-i-Islami as Amir-a-Halqa in the year, 2007. The detenue (petitioner) was earlier booked under Act by the detaining authority, Kulgam on 11.11.2016 in connection with FIR Nos. 85, 87 and 96 of 2016 registered with Police Station, Yaripora. The detention order, however, was quashed by the Court. Thereafter, the petitioner again engaged in anti-national activities, as such, he has also been named in FIR No. 72/2017 registered with Police Station, Kulgam for raising pro freedom and anti India slogans in the funeral procession of slain militant Ishfaq Ahmad Padder as a result of which the detaining authority found it necessary to detain the petitioner again under the Act.