AKRAM ASIF Vs. STATE OF J AND K

JUDGEMENT

(1.) Shri Akram Asif S/o Mohammad Asif R/o Mandra Gujjar Khan, Pakistan (hereinafter referred to as "detenue") on whose behalf exercise of extraordinary jurisdiction is sought, has been placed under preventive detention vide Government order No. Home/PB-V/328/2009 dated 20.02.2009 for a period of 24 months with effect from 04.08.2008 with the purpose to regulate his continued presence in the State. The detenue is an accused in case - FIR No. 70/2006 under Section 332/120B/147/148/149 RPC & 4/25 A. Act Police Station, Gharota Jammu and case FIR No. 06/2006 under Section 1/CCA, 7/25 A. Act & 201/115 RPC P/SJIC, Jammu and the detenue is obviously to be available for trial within the territorial limits of the State. The Government while confirming Detention Order has directed lodgment of detenue in Central Jail, Tihar, New Delhi. The detenue is presently lodged in Central Jail No. 4 Tihar, New Delhi.

(2.) The detention order dated 29th August, 2008 is challenged on the grounds that copy of order and grounds of detention have not been served on the detenue; that the detention order has found approval of the Government after the period stipulated under Section 17 J & K Public Safety Act, 1978; that the detention order, by directing lodgment of the detenue in Central Jail Tihar, New Delhi, has violated Section 8 of J & K Public Safety Act. It is pleaded that as the detention order does not indicate the purpose for which the detenue has been placed under preventive detention, the order is liable to be set aside.

(3.) The Respondents, in their counter affidavit, insist that the detention order has been made with the purpose to regulate the continuous presence of the detenue till the arrangements for his deportation from J & K State is made. It is pleaded that the State Advisory Board has gone through the record and even heard the detenue in person in the jail premises and that the State Advisory Board has opined in favour of continued preventive detention of the detenue. It is further stated that the Government, in exercise of powers conferred under Section 17 of J & K Public Safety Act, 1978, has confirmed Detention order. The Respondents seek dismissal of the petition on the grounds set up in their counter affidavit.