BILAL AHMAD MARAZI Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE in this petition is to order No.172/DMB/PSA/2010 dated 14.02.2011, of District Magistrate, Baramulla respondent No.2 herein, whereby one Shri Bilal Ahmad Marazi son of Mehraj-ud-din Marazi resident of Khowjabagh Tehsil and District Baramulla (herein after referred to as detenue) has been placed under preventive detention must succeed for following reasons:

(2.) IN the instant case, the detenue alongwith other rioters is alleged to be responsible for indulging in stone pelting and attacking Police/security personnel, with the intention to kill them, which resulted in injuries to 42 police/security personnel. The detenue is not informed with sufficient clarity the exact allegations levelled and furnished the particulars of rioters/associates, who are stated to be responsible for indulging in stone pelting, nor the particulars of police and security personnel, who are alleged to have been attacked and injured by the detenue by pelting stones on them. The counter affidavit as also detention record, do not reveal that the detenue is furnished the details of occurrence attributed to the detenue and his unnamed and unidentified associates. The detenue, only after getting the said information, would have been in a position to explain his stand and make an effort to convince the competent authority that his preventive detention was unwarranted. These are only few instances to illustrate that the grounds of detention are vague and ambiguous and bound to keep the detenue guessing about what really was intended to be conveyed by detaining authority. It is well settled law that even where one of the grounds relied upon by Detaining Authority to order detention is vague and ambiguous, Constitutional and Statutory right of the detenue to make a representation against his detention, must be taken to have been violated. Reference in this regard may be made to Dr.Ram Krishan Versus The State of Delhi and others, AIR, 1953,; Chaju Ram Versus State of JandK, AIR 1971 SC 263; Mohd Yousuf Rather Versus State of JandK, AIR 1979 SC 1925; and Syed Aasiya INdrabi Versus State of JandK and others, 2009 (I) SLJ 2009 219.