ROUF AHMAD MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) The District Magistrate, Shopian vide detention order No. 63/DMS/PSA/2019 dated 11.10.2019 detained Rouf Ahmad Malik S/o Gh. Mohd. Malik to prevent him from acting in any manner prejudicial to the Security of the State/Country. This order of detention is assailed by the detenu through his brother.

(2.) The impugned detention order has been challenged by the detenu on the grounds that; (i) the detenu was already in custody in FIR 123/2019 under Sections 307 RPC, 7/27 Arms Act and 16 of Unlawful Activities (Prevention) Act at the time of passing of the impugned detention order and no compelling or cogent reason have been given for passing the order of detention, as such, the same is vitiated; (ii) the Detaining Authority has not prepared the grounds of detention itself and the grounds of detention are verbatim copy of the Police dossier, as such, there is total non-application of mind by the Detaining Authority; (iii) the detenu has not been furnished all the relevant material relied upon by the Detaining Authority while passing the order of detention and this has prevented the detenu from making an effective representation, therefore, it has infringed the constitutional right provided to the detenu; (iv) the detenu is not an English literate person and understands only Kashmiri and Urdu languages and the detention order and grounds of detention have not been explained to him in the language, he understood nor translated script of the same had been provided to him in order to make an effective representation; (v) the grounds of detention are vague and non-existence and on the same, no representation can be made, as such, the impugned detention order is liable to be quashed.

(3.) Mr. M. A. Chashoo, learned AAG appearing on behalf of the respondents, has filed counter affidavit as well as produced the detention record. As per the respondents, the detenu was instigating the vulnerable youths of his area to join militant ranks or act as stone-pelters to increase the graph of subversive activities in the District. The detenu was working as OGW of militant outfits and was providing all necessary support and logistics to the militants and mobilizes the youth to resist the search operations conducted by the security. His activity was highly prejudicial to the security of the State/Country, therefore, to prevent him from acting in a manner prejudicial to the Security of the State and the detenu was detained under the provisions of the Public Safety Act.