LAWS(J&K)-2020-3-45

BUNNY GUPTA Vs. STATE OF JAMMU AND KASHMIR

Decided On March 19, 2020
Bunny Gupta Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) The detention of the petitioner (hereinafter referred to as 'the detenu') ordered by the District Magistrate, Jammu (hereinafter referred to as the detaining authority) vide its Order No.03 of 2019 dated 15.04.2019 is subject matter of challenge in this petition. Vide order impugned, the District Magistrate, Jammu, in exercise of powers conferred by Section 8(1)(a) of the J&K Public Safety Act, 1978, has directed detention of the detenu in the Central Jail, Kote Bhalwal, Jammu with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The detention has been ordered by the District Magistrate, Jammu inter alia on the ground that the detenu is a notorious/habitual hard-core criminal having been involved in series of criminal cases regarding which as many as 07 FIRs in the Police Stations of R.S.Pura, Akhnoor and Miran Sahib have been registered. The detaining authority has given the details of the criminal cases registered against the detenu and nature of involvement of the detenu. On the basis of the material supplied by the Police in the form of a dossier, the detaining authority has concluded that the detenu is an incorrigible and dreadful criminal, who has caused mayhem in bringing about instability in public order. The detaining authority, on the basis of the material before it, arrived at satisfaction that given the nature of activities, the detenu has been indulging in, consistently over a period of time, it is necessary to place him under the preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. It is on the basis of these grounds, the requisite satisfaction appears to have been arrived by the detaining authority with regard to the necessity to put the detenu under detention.

(2.) The detenu has called in question the order of detention primarily on the following grounds:-

(3.) The Senior Superintendent of Police, Jammu who supplied the dossier to the District Magistrate, Jammu- detaining authority has filed the reply affidavit. The detaining authority has, however, chosen not to defend its order.