MUZAMIL AHMAD DAR Vs. UT OF J&K

JUDGEMENT

(1.) The present appeal has been preferred by the detenu, Muzamil Ahmad Dar, through his father, Ab. Rashid Dar, against the judgment dtd. 16/2/2022, delivered by a Single Bench of this Court in WP Crl No. 267/2021 in which the detention order No. 87/DMS/PSA/2021 dtd. 18/10/2021, issued by the District Magistrate, Shopian, was challenged. By virtue of the said detention order, the appellant/detenu was placed under preventive detention in exercise of powers under Sec. 8 of the J&K Public Safety Act, 1978. The said appellant/detenu was ordered to be lodged at District Jail, Rajouri.

(2.) In the dossier it is alleged that the detenu came into contact with the militants and used to work as OGW of Let/TRF outfits and also motivated the youth of his area for indulging in anti-national and antisocial activities and he (detenu) is the key motivator always motivates the youth to indulge in militancy. It further reveals that the detenu is a hard core over ground worker(OGW) sympathizer and a promoter of TRF terrorist outfit in Valley.

(3.) The learned counsel for the appellant-detenu has raised primarily three issues before the court questioning the validity of the detention. The first point taken by the learned counsel for the petitioner is that the detention order was passed when there was no FIR registered against the detenu, the detention order was passed on the so called allegations levelled against the detenu, that he was indulging in motivating the youth to join the militancy. In these circumstances, it was submitted by the learned counsel for the appellant-detenu, the detaining authority ought to have satisfied himself with the fact that there was imminent likelihood of appellant-detenu to indulge in anti-national activities that it was necessary to detain the detenu in order to prevent him from indulging in such acts. According to the learned counsel for the appellant-detenu, there is no such satisfaction recorded in the grounds of detention.