ANIL SINGH Vs. UT OF J&K

JUDGEMENT

(1.) The District Magistrate, Samba vide order No. 03/PSA of 2021 dtd. 16/6/2021 detained the detenu under Sec. 8 (1)(a) of the Jammu and Kashmir Public Safety Act, 1978 in order to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The detenu has assailed the order of detention on the following grounds; (i) the impugned detention order was passed when the detenu was already in judicial custody in FIR No. 03/2021. The respondents have not disclosed any compelling circumstances which require the preventive detention of the detenu; (ii) the impugned order of detention is a verbatim copy of the police dossier, as such, there is total non-application of mind on the part of the Detaining Authority, while passing the order of detention; (iii) the detenu was arrested in FIR No. 66/2003 and was acquitted of the same vide order dtd. 8/1/2013, similarly the detenu was granted bail in FIR Nos. 33/2009 and 86/2010 but the respondent-Detaining Authority has not shown any awareness to this fact, therefore, there is lack of application of mind while passing the order; (iv) the detenu was not provided all the material relied upon by the Detaining Authority while passing order of detention, as such, precluded him from his right of making effective representation; and (vi) lastly, the detenu, immediately, after his arrest on 12/7/2021 moved a representation to respondents but the same has been neither considered nor decided till date.

(3.) The respondents in their objections have submitted that, the activities of the detenu were prejudicial to the maintenance of law and order and tranquility, as such, detenu was detained under the Jammu and Kashmir Public Safety Act, 1978. The detenu, it is submitted, is a hardcore criminal and had attained notoriety and the common law of the land had failed to deter him from undertaking activities prejudicial to the maintenance of public order, therefore, in order to maintain peaceful atmosphere and to prevent him from spreading, expanding and continuing his criminal activities and disturbing public order, it had become necessary to detain him under Public Safety Act.