BASHIR AHMAD TEELI Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE to order No.DMB/PSA/2010/182 dated 10.03.2011, of District Magistrate, Baramulla respondent No.2 herein, whereby one Shri Bashir Ahmad Teeli son of Late Ghulam Ahmad Teeli resident of Chankhan Sopore Tehsil Sopore 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 is alleged to be basic member of JEI. The word/expression like JEI is too vague to make the detenue aware of the exact accusation levelled against him. The detaining authority has not to work on assumptions and presumptions that whatever acronyms it is aware of must be necessarily known to the detenue. The detenue along with his associates is also alleged to be responsible for pelting stones upon police officials, damaging government vehicles and injuring police officials. The detenue is not informed with sufficient clarity the exact allegations levelled and furnished the particulars of youths/associates, who are stated to be responsible for indulging in stone pelting, nor the particulars of police official, who are alleged to have been attacked by detenue and his associates by pelting stones on them nor the details of governments vehicles alleged to have been damaged. The detenue, in absence of such details, could not be expected to have been in a position to give his side of story and persuade respondent No.2 and other respondents that the allegations against the detenue were bereft of any basis. To sum up, the grounds of detention that constitute basis for the detention order in question are ambiguous, vague, uncertain and hazy. A person of ordinary prudence would not be in a position to explain his stand in reply to the grounds of detention detailed by respondent No. 2. The detenue has been kept guessing about the facts and events that weighed with respondent No. 2 and prompted respondent No. 2 to record subjective satisfaction regarding sufficiency of the material to warrant preventive detention of the detenue.

(3.) THE respondents, in view of quashment of detention order, are stripped of any authority to detain the detenue under order No. DMB/PSA/2010/182 dated 10.03.2011. Resultantly, the respondents are directed to release the detenue from preventive detention, ordered vide order No. DMB/PSA/2010/182 dated 10.03.2011. Detention record be returned to the counsel for respondents. Disposed of.