MUNAWAR HUSSAIN SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in petition on hand, is to order No. 07/PSA of 2011 dated 4th of November, 2011 of District Magistrate Poonch (hereinafter "Detaining Authority") whereby Sh. Manawar Hussain Shah alias Babu Shah S/o Habib Hussain Shah R/o Village Panag Sharief District Kotli, Pak-Occupied Kashmir, (hereinafter referred to as "detenue" for short), has been detained under Section 8(1)(b)(ii) J&K Public Safety Act, 1978 for a period of three months and he was directed to be lodged in district jail, Poonch.

(2.) The detention order is questioned on the grounds that it has been passed in a mechanical manner without application of mind and that the detenue has not been provided the documents relied upon by the detaining authority so as to enable him to make an effective representation against his detention. It is further pleaded that the grounds of detention made use of by the detaining authority to slap detention order were not available to the detenue in as much as the detenue is a permanent resident of state and a citizen of India and in view of the law laid down in Mohsim Shah versus Union of India and others,1975 KerLJ 69, he is not liable to be deported or pushed back.

(3.) The chargesheet/challan presented in Sessions Court Poonch against the petitioner and one Tuffail Hussain Shah under Section 18 of Unlawful Activities Act, according to the petitioner, has been dismissed by the trial court on 20th of October, 2011 and the state has decided not to file any appeal against the judgment of the acquittal recorded by the trial court. The earlier detention order No. 02/PSA of 2010 dated 8th of January, 2010 passed by the detaining authority placing detenue under preventive detention, is said to have been challenged in HCP No.2/2010 and quashed by the learned Single Judge on 5th of June, 2010, leaving no room for placing the detenue second time under the preventive detention.