G H QADIR RAINA Vs. STATE

JUDGEMENT

(1.) ORDER :- Ghulam Qadir Raina has been detained by District Magistrate, Anantnag (respondent No. 2) under his Order No. F-125/DMA/PSA/Det/99/2015-21 dated 30-11-1999 u/S. 8 of J and K Public Safety Act, 1978 on the ground of preventing him from acting in any manner prejudicial to the security of the State. The detention is for a period of two years. The detention has been approved by the Government under provisions of J and K Public Safety Act. This detention and the order thereto is under challenge in this petition.

(2.) Detenu Gh. Qadir Raina is alleged to be a political activist belonging to a party opposing the ruling party of the State. He is detained in order to settle scores with him for his act of having canvassed and worked for a candidate who contested against a candidate of the ruling party. The detenu was picked up during night from his home and kept in JIC, Khanabal, Anantnag and later moved to Police Station Kokernag before he was lodged in Central Jail Kuthwa. Here after about 15 days he was handed over photostate copies of order of detention and grounds thereof (Annexures PA and PB). The grounds of detention in fact are reproduction of police dossier. The detention suffers from non-application of mind. Detenu being an illitrate is unable to read Urdu and English language and was not explained the detention order in Kashmiri language which he understood. He was not even given copies of the detention order at the time when detenu was taken in custody though he was already in punitive detention under a substantive offence in a case registered at P/s Dooru. He had not even applied for bail in the regular case as such the detention order cannot be sustained on this count too.

(3.) Respondent through detaining authority District Magistrate, Anantnag (respondent No. 2) has filed counter-affidavit. The above pleaded allegations to assail the detention order, have been countered by submitting that the order of detention was passed on consideration of the matter, after the report/dossier received from SSP, Anantnag was taken note of and assessed, besides the entire situation was taken stock of. The order has been passed by the detaining authority (respondent No. 2) on application of mind. The detention order as also the grounds with material including dossier received from SSP, Anantnag and all other relevant material were supplied to the detenu and he was appraised of his right to make a representation against the detention, if he so desired. The material relating to the substantive offences as also other material connected with his detention was explained to detenu in his mother tongue which he understood and a receipt therefor was obtained from him. The detaining authority was aware of detenu's punitive custody and having regard to the circumstances that the accused in punitive detention are getting bail and that ordinary law was hardly sufficient to deter him from indulging in activities prejudicial to the security of the State the preventive order in question was passed.