MOHAMMAD AMIN BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) LETTERS Patent Appeal on hand, is directed against the order of learned Single Judge dated 9.7.2012 in Habeas Corpus Petition No.15/2012 titled "Mohammad Amin Beigh versus State of J&K and anr. ", whereby the writ court has dismissed the appellant 's petition for quashment of detention order No.DMS/PSA/53/2011 dated 26.12.2011 at preexecution stage.

(2.) DISTRICT Magistrate, Srinagar on going through the communication No. Lgl / Det-2759/2011/ 5884-87 dated 15.11.2011 received from Senior Superintendent of Police, Srinagar along with dossier and connected material/documents appended to the communication, recorded his subjective satisfaction concluding that the appellant was required to be placed under preventive detention so as to stop him from acting in any manner prejudicial to the maintenance of public order ' and accordingly vide his order No. DMS/PSA/53/2011 dated 26.12.2011, ordered appellant 's detention and lodgment in Kote Bhalwal Jail, Jammu.

(3.) THE appellant 's case was that the detention order was not based on any valid ground; did not refer to any record on which it had its edifice and that the grounds of detention were vague, irrelevant and extraneous. The appellant insisted that case FIR No.40/2011 under Sections 376/511,451/506 RPC, Police Station Kralkhud, Srinagar was to be dealt with in accordance with ordinary law and would not justify his preventive detention. It was pleaded that the appellant had been let off on bail in the aforesaid criminal case and the right course for the respondents was to seek cancellation of his bail and not fall back upon Section 8 of Jammu and Kashmir Public Safety Act, 1978 and order his preventive detention.