AMIR SHAFI BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) This intra-court appeal is directed against the judgment dtd. 22/7/2019 passed by the learned Single Judge of this Court in HCP No.120/2019 titled Amir Shafi Bhat v. State of J&K and others, whereby the petition filed by the appellant for quashing his detention under the Jammu and Kashmir Public Safety Act, 1978, has been dismissed.

(2.) With a view to appreciate the grounds of challenge urged by Mr Wajid Haseeb, learned counsel for the appellant, in support of the appeal, brief reference to the background facts would be worthwhile.

(3.) The appellant who was facing criminal charges in several FIRs registered in the Police Station Pulwama, for various offences, including Ss. 307 and 427 RPC and 7/27 Arms Act, etc., was placed under preventive detention by the District Magistrate, Pulwama (Detaining Authority), vide its order bearing No. 1/DMP/PSA/19 dtd. 17/1/2019 as is evident from the order placed on record. The detention of the appellant was necessitated with a view to prevent him from acting in any manner prejudicial to the security of the State and the requisite satisfaction was drawn by the detaining authority purportedly on the basis of material supplied by the Sr. Superintendent of Police, Pulwama, vide his communication dtd. 7/12/2018. This order of detention was assailed by the appellant in HCP No.22/2019. The detenue, it is contended, was however released from the preventive detention during the pendency of the aforesaid petition.