PEER MOHAMMAD ASHRAF Vs. STATE

JUDGEMENT

(1.) In pursuance to order No.76/DMA/PSA/DET/2012 dated 03.10.2012, detenue, Peer Mohammad Ashraf, has been taken into preventive custody by invoking powers under Section 8 of the J&K Public Safety Act as his activities were found to be prejudicial to the "security of the State" and "maintenance of public order" so has been lodged in Central Jail, Kathua. By the instant petition, quashment of the said order is sought on various grounds.

(2.) Despite opportunities respondents have neither filed counter affidavit nor produced detention records.

(3.) 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 "security of the State" and "maintenance of public order". In the grounds of detention, it is recorded that in case detenue is released, he will indulge in the activities, which are prejudicial to the security of the state and public order. Finally in the grounds of detention it has been concluded as under:-