ABDUL KARIM KHUROO Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar–respondent no.2 (for brevity "detaining authority"), has, by Order No. DMS/PSA/46/2021 dtd. 9/10/2021, placed Sh.Abdul Karim Khuroo S/o Mohammad Ramzan Khuroo R/o Shah Colony, Parimpora, Srinagar (for short "detenue") under preventive detention, with a view to prevent him from acting in any manner prejudicial to the maintenance public order. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.

(2.) The detention order has been challenged on the grounds that copies of the material/documents relied by the detaining authority in the grounds of detention has not been supplied to the detenue. It is contended that in some of the FIRs mentioned in the grounds of detention challans have already been filed, however, the same has not been disclosed in the grounds of detention, which shows that the detaining authority has not properly applied its mind while issuing the impugned detention order. It is submitted by the petitioner that there is a civil dispute pending between one Fayaz Ahmed Wani and the petitioner before the competent court of law and the said Fayaz Ahmed Wani has manipulated by lodging a complaint against the detenue and resultantly, the detaining authority has issued the impugned detention order.

(3.) The grounds of detention reveals that the Senior Superintendent of Police, Srinagar vide communication dtd. 1/10/2021 as submitted a dossier for issuance of warrant for detention under J&K Public Safety Act on the premise that the detenue is in real estate business as a land broker around the Srinagar city, has cheated innocent people by way of grabbing their hard earned money and in order to grab huge money from innocent people, the detenue started making fake documents/ agreements/deeds, thus his activities are alarming and possible threat to public order. The grounds of detention further reveals that numerous FIRs, such as, FIR Nos. 372/2019 and 221/2021 have been registered against the detenue with Police Station, Parimpora and FIR Nos. 17/2017, 40/2018 and 01/2019 have been registered with the Crime Branch, Kashmir. It is further revealed that the detenue has been an elusive land broker against whom District Police Srinagar has already under taken action in terms of substantive laws but the same has not been proved to be sufficient and despite several warnings the detenue has never mend his ways and has remained continuously engaged in such illegal activities, as a result of which the other people are also indulging in same menace, therefore, the District Magistrate, Srinagar has issued the impugned detention order against the detenue.