SHAKIR HUSSAIN Vs. STATE

JUDGEMENT

(1.) The petitioner by means of this petition seeks issuance of writ of Certiorari to quash Detention Order No. PSA/DM/JC/01/DODA dated 18-3-2001 issued by respondent No. 2 and the grounds of detention prepared by the detaining authority. He further seeks an interim direction to the respondents not to implement the detention order and to restrain them from taking the petitioner in preventive custody on the basis of detention order.

(2.) Respondents having found the petitioner involved in subversive activities, in connivance with the militants of the outlawed outfit H.M., with the purpose to carry out militant activities in furtherance of the aims of the said outfit which can prove hazardous, devastative and dangerous to the security of the State of JAMMU AND KASHMIR and nation as well, have directed the preventive detention of the petitioner. In the grounds of detention, it has been recorded that the petitioner has his links with militants of HM outfit being their sympathiser/financier/supporter/motivator and carries his activities in furtherance of the direction of HM outfit.

(3.) The grounds of challenge are that the petitioner is a contractor by profession and he is not involved in the alleged activities attributed towards the petitioner in the grounds of detention. The petitioner has not yet been taken in preventive custody pursuant to the detention order but has managed to get a copy of grounds of detention which is annexed with the petition. The petitioner's character antecedents have been certified by the Senior Superintendent of Police vide his letter dated 8-10-1999 addressed to the District Magistrate, Doda that there is nothing adverse against the petitioner. Despite that respondents have coined false grounds to involve the petitioner in alleged subversive activities. The grounds are false and vague. The detaining authority has no jurisdiction to detain the petitioner on the basis of such grounds. Therefore, the detention order is liable to be quashed.