SHOWKAT AHMAD TELI Vs. STATE

JUDGEMENT

(1.) In pursuance to order No.18/DMB/PSA/2012 dated 20.09.2012, detenue, Showkat Ahmad Teli, has been taken into preventive custody by invoking powers under Section 8(a) of the J&K Public Safety Act as his activities were found to be prejudicial to the maintenance of public order so has been lodged in District Jail, Kupwara. By the instant petition quashment of the said order is sought on various grounds.

(2.) It is the contention of learned counsel for the petitioner that in the impugned order of detention it is recorded that the District Magistrate was satisfied to prevent the detenue from acting in any manner prejudicial to the maintenance of public order. In the grounds of detention,it is recorded that the detenue has applied for release on bail in connection with case FIR No.92/2012 P/S Sopore and in case he is released, his activities will be very dangerous for overall safety/security of common citizens and society, he is inimical to peace and tranquillity of the State.

(3.) The District Magistrate has not been himself certain as to whether activities of the detenue are threat to the maintenance of public order or security of the State because in grounds of detention finally he has concluded that his activities are prejudicial to the security of the State, therefore, he is required to be deterred from unlawful activities whereas in the order of detention he has recorded that his activities are prejudicial to the maintenance of public order. The said position suggests that the detaining authority has not applied its mind while passing the order of detention. In support, learned counsel has relied on the judgment captioned G.M. Shah Vs. State of J&K, 1980 1 SCC 132.