MUKHTAR AHMAD DAR Vs. STATE

JUDGEMENT

(1.) Petitioner's case is that while he was arrested on 3rd June, 2013 by Police Station Anantnag for his involvement in case registered under FIR No. 160/2013 for offence under Section 307 RPC and 7/25 Arms Act, a detention order passed under Section 8 of the Jammu and Kashmir Public Safety Act came to be slapped upon him as his activities were alleged to be prejudicial to the "security of the State" and "maintenance of public order". He was lodged in Central Jail Kote-Bhalwal, Jammu. Through the medium of instant petition, he seeks quashment of detention order dated 20.06.2013 on various grounds enumerated in the petition. Respondents failed to file counter affidavit. However, the Record was made available for perusal.

(2.) Learned counsel for petitioner contended that in the impugned order of detention, it is recorded that the District Magistrate was satisfied that with a view to prevent the petitioner from acting in any manner "prejudicial to the security of the State" and "maintenance of public order", it was necessary to detain him under the provisions of the Jammu and Kashmir Public Safety Act, 1978. In the grounds of detention, it is recorded that the detenue joined militant ranks at the instance of one Amir Syed Salathi of HM outfit and started to motivate youth of Town Anantnag to indulge in unlawful activities, viz armed attacks and ambushes on the Members of Security Forces; that arms and ammunition was recovered from the detenue for which number of FIRs were registered against him; that he was introduced to Umer and Irshad; that Umer handed over a Hand Grenade to him with direction to throw it on PP Sherbagh; that the detenue threw the Hand-Grenade on PP Sherbagh on 2nd June, 2013 at 8.30 PM; that case FIR No. 160/2013 under Section 307 RPC and 7/25 Arms Act was registered against detenue at Police Station Anantnag; that the detenue was in police custody and in case, enlarged on bail, he would indulge in the activities which are "prejudicial to the security of the State" and "maintenance of public order". The grounds of detention are concluded as follows;

(3.) Adverting to the Record, it appears that the District Magistrate is not certain whether the alleged activities of the detenue posed threat to the "security of the State" or to "maintenance of public order". This suggests non-application of mind while passing the order of detention. Learned counsel for petitioner has placed reliance upon the judgment of Hon'ble Apex Court rendered in "G.M. Shah v. State of J&K, 1980 1 SCC 132" . It reads;