MOHAMMAD AMIN BEIGH Vs. STATE

JUDGEMENT

(1.) The petitioner has been ordered to be detained by respondent No. 2, District Magistrate Srinagar, vide detention order No.DMS/PSA/53/2011 dated 26-12-2011, in exercise of powers conferred upon him under Section 8 of the J & K Public Safety Act, 1978 (for short Act of 1978). The petitioner has challenged the said order at pre-execution stage.

(2.) After notice, respondents have filed reply affidavit.

(3.) Mr. S. R. Hussain, learned counsel for the petitioner, submitted that the grounds of detention relate to one incident for which F.I.R.40/2011 u/S 376/511, 451/506 RPC, Police Station Kralkhud, Srinagar, has been registered. Learned counsel submitted that one single alleged incident cannot have impact on the public order. In order to elucidate his submission, learned counsel submitted that the case, which has been registered against the petitioner, is under investigation of the concerned Police Station and the petitioner has been enlarged on bail. He further submitted that the normal law, in the facts and circumstances of this case, is sufficient to deal with the petitioner. Learned counsel submitted that the District Magistrate has abused his authority by invoking the provisions of the Act of 1978. While making reference to section 8 the Act of 1978, learned counsel submitted that the expression "public order" has been defined by the provision of the statute and perusal thereof would show that the act alleged against petitioner is not covered by it and the single act attributed to him (petitioner) would not affect the public order. To substantiate the contention, learned counsel referred to and relied upon the judgment of the Apex Court in case DEEPAK BAJAJ v. STATE OF MAHARASHTRA, 2009 AIR(SC) 628; PIYUSH KANTILAL MEHTA v. COMMISSIONER OF POLIFE INSURANCE CORPORATIONE, AHMEDABAD, 1989 AIR(SC) 491; RAM MANOHAR LOHIA v. STATE OF BIHAR, 1966 AIR(SC) 740; ARUN GHOSH v. STATE OF WEST BENGAL, 1970 AIR(SC) 1228 and DARPAN KUMAR SHARMA v. STATE OF TAMIL NADU, 2003 AIR(SC) 971. He, accordingly, prayed for quashing of the impugned order of detention.