MOHD ASHRAF KHAN Vs. STATE

JUDGEMENT

(1.) MST . Nazia wife of Mohammad Ashraf Khan R/O Nund Resh Colony. Bemina. has sought indulgence of this court through the medium of the petition in hand under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K Slate. for quashing the detention order No. DMS/PSA/78 dated: 21 -02 -2002 recorded by respondent No. 2, District Magistrate, Srinagar.

(2.) IT is inter -alia maintained in the petition that the detenue namely Mohammad Ashraf Khan S/0 Ati Mohammad Khan R/O Nund Resh Colony, Bemina, came to be arrested by 72 Battalion BSF at Qalamdanpora, Srinagar. during the night intervening 15/16th December 2001 and was booked under FIR No. 204/2001 for the offence under section 7/25 Indian Arms Act of Police Station M.R. Gunj: that in the said FIR. detenue came to be released on bail by learned City Munsiff, Judicial Magistrate, Srinagar and this order came to be served upon the detaining authority and despite that detenue was not released from detention: that the respondent No. 2 came to pass the detention order, copy of which came to be served upon the detenue: that the detenue was also supplied with the memorandum of grounds of detention which is marked as annexure -B to the writ petition. It is inter -alia also maintained in the petition that the detaining authority has not assigned any compelling reasons for detaining the detenue under the provisions of the Public Safety Act: that there is no proximity between the grounds of detention and object sought to be achieved by detaining the detenue under the preventive law: that the grounds of detention are vague and that there is delay in execution of the detention order and that this delay has not been explained: that the detenue is innocent person and he is not affiliated to any militant group nor any political organisation.

(3.) ON admission of this petition, respondents were put to notice and pursuant to that, respondent No. 2 filed his counter affidavit, wherein he has inter -alia stated that the detenue was arrested in FIR No. 204 of 2001 under sect ion 7/25 IAA of P/SM.R. Gunj during the intervening night of 15/16th December, 2001 when two grenades and five rounds of AK 47 riffle were recovered from him: that the detenueâ„¢s activities being highly preJudicial to the security of the State, therefore, his detention was ordered vide order No. DMS/PSA/78 dated: 21 -02 -2002 with a view to prevent him from acting in any manner preJudicial to the security of the State: that immediately after passing the said order detenue was informed about his right to make representation to the Government against the said detention order, but the detenue did not avail this right: that the warrant was executed and the detenue was taken into preventive custody on 06 -05 -2002: that the contents of the warrant were read over and explained to him.