VARINDER GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) Detention order No. 01/PSA of 2012 dated 11.04.2012 passed by respondent no. 2 is called in question in this petition at pre-execution stage. The court vide its order dated 24.07.2012 directed that the petitioner shall not be detained till next date.

(2.) Respondents 1, 3, 4 and 5 have filed objections in respect of the maintainability of the writ petition.

(3.) Learned counsel for the petitioner submitted that a civil dispute is going on between the some of the parties in this petition and the petitioner has been dragged into the controversy, because he was cited as witness in one of the complaints filed against respondent no. 5. Learned counsel submitted that the grounds urged in the grounds of detention are stale and there is no live-link between the alleged activities and that of the petitioner. Learned counsel also submitted that case FIR No. 71/1999, about which reference is made in the grounds of detention, a final report under Section 173 Cr. P. C. was filed before the learned Chief Judicial Magistrate, Jammu and learned Magistrate vide its order dated 28.04.2008 has acquitted the petitioner of all the charges. Learned counsel also referred to some of FIRs, mention whereof is made in the grounds of detention and submitted some of them are old and other latest FIRs could not become basis for ordering detention of the petitioner, inasmuch as, allegations leveled therein would not affect the public order.