TANVEER AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge is to order No. DM/ Doda/ PSA/ 2KXI/210-17 dated 23.1.2011 whereby District Magistrate Doda respondent No.2 herein, has ordered preventive detention of Shri Tanveer Ahmad s/o Lt. Sh. Mushtaq Ahmad R/o Labber Marmat, Tehsil and District Doda, under section 8 Public Safety Act 1978.

(2.) The grounds set out in the petition to question the detention order are that the order is contrary to law inasmuch as the detaining Authority has failed to record satisfaction required under the provisions of J&K Public Safety Act 1978 before passing the detention order. It is pleaded that the detenue was arrested by Police Station Doda, on 14.12.2011 in connection with case FIR No.45/2010 and it was during his police custody that the detention order impugned in the petition was passed. The respondents are said to have violated the safeguards guaranteed to the detenue under Article 22(5) Constitution of India inasmuch as neither the document relied upon by Detaining Authority were served on the petitioner nor the grounds of detention communicated and explained in the language the petitioner understands. The respondents for the said reason are also alleged to have violated mandate of section 13 of J&K Public Safety Act 1978. It is further pleaded that the respondent did not place the detention order before the Government and thereafter before the State Advisory Board within the period prescribed under law. Pleading that the grounds of detention are evasive reproduction of dossier prepared by Sr. Superintendent of Police, Doda, the petitioner insists that there has been non application of mind on part of the Detaining Authority and that the detention order has been made in an arbitrary and mechanical manner.

(3.) The respondent No.2 in his reply to the petition insists that the detenue is a hardcore and dedicated over ground worker (OGW) of banned anti national militant organisation H.M and has been found motivating local youth to join militancy and wage war against the State. The detenue is claimed to have been harbouring militants of H.M organisation and extending logistic support to the militants to assist them in carrying on their anti national activities. The respondent No.2 claims to have on perusal of the documents arrived at the subjective satisfaction that to prevent the petitioner from acting in a manner prejudicial to the security of the State, it was necessary to place him under preventive detention. It is insisted that the grounds of detention were supplied to the detenue on 24.1.2011 i.e the date of execution of detention order and read over and explained to the detenue in urdu/Kashmir the languages he fully understands.