RAMEEZ AHMAD MALLA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Detenu, Rameez Ahmad Malla, son of Abdul Majeed Malla resident of Wattergam Rafiabad, District Baramulla through his father seeks quashment of detention order no. 83/DMB/PSA/2020 dated 14.02.2020 purporting to have been passed by District Magistrate, Baramulla, with consequent prayer for release of the detenu forthwith.

(2.) Before adverting to the grounds of challenge taken by the petitioner to assail the impugned order, it would be appropriate to briefly notice the grounds of detention on the basis of which the preventive detention of the petitioner has been ordered.

(3.) As per the dossier supplied by the police, the detenu-petitioner is 9 th standard student after passing the exam and was shopkeeper by profession. During the month of May 2019 the detenu developed the contacts with one foreign militant @ Maz Bahi of Hizbul Majahideen out fit and started providing all sorts of assistance to the said foreign militant. The detenu provided food and shelter to the said militant in other houses of area. The detenu got motivated by said militant to work with the said outfit as OGW of Hizbul Mujhideen. The detenu was instrumental in strengthening militancy network in the area of Rafiabad. For his involvement in the activities, the petitioner was apprehended on 07.11.2019 in connection with case FIR No.161/2019 under Sections 18,39 of ULA(P) Act and 7/25 Arms Act registered in Police Station,Dangiwacha, which is under investigation. The dossier as also the grounds of detention narrates whole sequence of events leading to the involvement of the petitioner in the aforesaid FIR. The detaining authority, on the basis of dossier of activities supplied by the police and after going through the allegations contained in FIR No.161/2019, arrived at satisfaction that the petitioner though under judicial remand in case FIR No.161/2019, would, in every likelihood, indulge in subversiveactivities if he is admitted to bail by the Court and, therefore, it was imperative to put him under preventive detention. It is in the aforesaid backdrop, the impugned order of detention is passed by the detaining authority.