BASHIR AHMAD CHAUHAN Vs. UT OF J&K

JUDGEMENT

(1.) This petition in the nature of habeas corpus is directed against the order of detention bearing No. DMS/PSA/60/2021 dtd. 18/10/2021 passed by the District Magistrate, Srinagar, whereby the petitioner has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of the security of the State.

(2.) The impugned order of detention has been passed by the District Magistrate keeping in view the activities of the petitioner fully detailed in the grounds of detention appended with the petition as Annexure III. Besides giving the narration of the adverse activities of the petitioner, there is reference to registration of three FIRs, i.e. FIR No. 05/2007 and FIR No. 163/2010 registered in Police Station Handwara and FIR No. 108/2006 registered in Police Station Kralgund. The petitioner is alleged to be an over ground worker of TRF, an organization indulging in violent activities with an aim to secede the territory of J&K from India. The primary reason for putting the petitioner under detention, as is indicated in the grounds of detention, is that normal law of the country has failed to deter the petitioner from indulging in subversive activities.

(3.) The impugned order is assailed by the petitioner inter alia on the following grounds:-