ALTAF AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) ALTAF Ahmad Khan has been detained on 31 -3 -2001, on execution of the detention order DMS/PSA/66 dated 24 -08 -1998 passed by Respondent No.2, District Magistrate Srinagar, under Section 8 of the Jammu & Kashmir Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the State. This order is under challenge in this petition on number of grounds. However, the counsel has confined his challenge only to following two grounds.

(2.) FIRST , the counsel submits that the detenue despite being available to the respondents although was not taken in preventive custody till 31 -3 -2001. It took the state government about 31 months to execute the order. The detenue was appearing before the Court of 1st. Addl. District and Sessions Judge, Srinagar in FIR 89/98 of Police Station Maharaj Gunj, referred in grounds all along till he was acquitted in the case on 29 -7 -2000. This apart detenue had also filed H.C. Petition 39/1999 which was dismissed on 8 -5 -2000, on the ground that the order of detention could not be challenged in the facts and circumstances of that case at pre -execution stage The detenue was appearing in this case too, yet the government of J&K made no efforts to execute the order of detention and detain him till 31 -3 -2001. The counsel submits that all this goes to show that there is no proximate link between the grounds of detention and the purpose sought to be achieved by the detention.

(3.) SECOND , the counsel submits that the grounds Annexure -B, ex -facie show that the grounds are vague and run in omnibus terms and they lack in details. It is almost in essay on the activities of the detenue, shorn of material and necessary details. The FIR part given is obviously not in place after the said acquittal judgment of the court.