GH QADIR BHAT Vs. STATE

JUDGEMENT

(1.) IN this Habeas corpus petition, the detention order No. PA/CID/CI/2798 -99 dated 27 -11 -1990, passed by the respondent No. 1, detaining Mukhtar Ahmed Bhat under section 8 of the J&K Public Safety Act, hereinafter referred to as Act, has been challenged on various grounds as mentioned therein.

(2.) THE grounds of detention, for the sake of facility are reproduced as below: GROUND OF DETENTION IN RESPECT OF MUKHTAR AHMED BHAT SON OF GHULAM QADIR BHAT RESIDENT OF BATMALOO SRINAGAR. That you are an active, dedicated and staunch member of banned organisation Hizbul -Mujahidin having its hqrs. at POK/PAK. The aim and object of the organisation is to liberate the State of Jammu and Kashmir from the Union of India through armed struggle. To achieve this goal the organisation has phased its programme in different stages: - To motivate Kashmiri Muslim youth to join the organisation, to send them across the border for obtaining in the use and handling sophisticated arms, ammunition and explosives, to propagate through highly objectionable literatures and to indulge in looting and rioting by killing high dignitaries including police personnel, para -military forces, eminent judges/lawyers and political leaders of the valley with the intention to spread terror and create chaotic conditions in the valley so as to secede the State of Jammu and Kashmir from the Union of India. That you have all along succeeded in accomplishing the designed plan of conspiracy when you developed contacts with one Mushtaq Ahmed Bhat, an Area Commander of Hizbullah Group and met him at your residence and after his stay of two hours went to his hide -out, but you did not disclose this fact to the concerned authorities only to support the militants. In the 2nd week of September, 1990 you went to the residence of one Mohd. Amin Dar, where he was exhibiting a K.K. rifle to his guests Sonaullah Dar r/o Kashi Mohalla Srinagar, Nama r/o Banpora Batamaloo Srinagar, Sajad Alias Saju r/o Chandrakhah Batamaloo and others, which he had brought from across the border after being trained. He also took 3/4 soaps of his guests including you, each carried said gun. Said Mohd Amin Dar also imparted training to you and others sitting in the room in handling of K.K. rifle, its assembling/de -assemblings loading/ on -loading etc, you were later on arrested by the security forces on 20 -9 -1990 red handed while carrying the photographs of the said militants, in case FIR No. 4/90 under section 3/4 TADA ; 2/3 E & IMCO, 3EAO, 30SA, 3/25 IAA 365, 307, 120 -B RPC P/S CIK -Srinagar for commission of subversive activities. In view of the above, your activities are anti -national and your remaining at large is highly prejudicial to the security of the State. Therefore, you have been detained under the provisions of J&K PSA, 1978 to deter you from indulging in such activities prejudicial to the security of the State . (Sd.) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.. Addl. Chief Secretary (Home). After the admission of the petition to hearing the respondents were noticed, and they appeared through a Govt. Advocate. He was given time to file the counter affidavit, which he failed to do. He was then directed to produce the record about the detention order, this too he failed to do. On 14 -8 -1991 when the case came up for hearing as a part heard case, Mr. Jalali sought time to produce the said record. After hearing him on the merits of the case he was given time to produce the record on 20 -8 -1991 for the persual of the court He failed to produce the record on the stipulated date.

(3.) THE learned counsel for the parties have been heard. I have gone through the file and examined the document thereon.