SUNIL KUMAR Vs. UNION TERRITORY

JUDGEMENT

(1.) Petitioner by invoking the jurisdiction of this Court in terms of Article-226 of the Constitution of India, has sought the indulgence of this court for issuance of writ of Habeas Corpus, writ of Certiorari or any other appropriate writ, order or direction with the prayer for quashment of the impugned detention order No. 05 of 2022 dtd. 13/5/2022 issued by respondent No. 2 for detaining the petitioner u/s 8 (i) (a) of J&K Public Safety Act 1978 and further commanding the respondent No. 4 to release the petitioner from Central Jail KotBhalwal Jammu on the following grounds:-

(2.) Respondent No. 02(District Magistrate Jammu) the detaining authority has filed a counter affidavit, wherein, it has been specifically contended, that none of the fundamental, constitutional, statutory or any legal right of petitioner stands violated/infringed by respondents, as such, no cause of action has accrued to the petitioner to maintain the present writ petition; the petitioner has not approached the court with clean hands, instead has tried to mislead the court, keeping in view the prejudicial activities of the petitioner/detenue his preventive detention has been ordered, whereby the writ petition is liable to be dismissed. It is contended, that the petitioner has been detained under the provisions of J&K Public Safety Act 1978 as per the dossier supplied by SSP Jammu (respondent No.03) vide his endorsement No. CRB/dossier/2022/03/DPOJ dtd. 2/5/2022 in order to prevent him from indulging in criminal activities which are prejudicial and detrimental to the maintenance of public order, the detention order alongwith grounds of detention and other material has been read over and explained to the detenue in the language which he fully understood and the entire material was furnished to him against proper receipt. It is moreso contended, that the detenue is a hardcore criminal, desperate character, history sheeter and habitual of indulging in acts of violence such as attempt to murder, stabbing, arms act and other criminal cases, and thereby has spread the reign of terror among the peace loving people of the area, the anti-social activities of the petitioner are highly prejudicial to the maintenance of public order which warrants immediate preventive measures, as number of criminal cases have been registered against him in Police Station R. S. Pura Jammu viz; (i) FIR No. 213/2014 u/s 341/323 RPC, 4/25 A. Act P/S R.S Pura, (ii) FIR No. 83/2015 u/s 307/341/323/147 RPC, 4/25 A. Act P/S R.S Pura, (iii) FIR No. 80/2016 u/s 341/323/34 RPC, 4/25 A. Act P/S R.S Pura, (iv) FIR No. 223/2017 u/s 3/25, 4/25 A. Act P/S R.S Pura, (v) FIR No. 59/2018 u/s 323/458/34 RPC, 4/25 A. Act P/S R.S Pura, (vi) FIR No. 67/2018 u/s 307/341/323/147/149 RPC, 4/25 A. Act P/S R.S Pura, (vii) FIR No. 06/2020 u/s 452/323/201/34 IPC, 4/25 A. Act P/S R.S Pura &(viii) FIR No. 75/2022 u/s 3/25, Arms Act, petitioner/detenue is a habitual criminal and if he remains free in the society, he would definitely indulge in criminal activities which would be danger to the public peace and tranquility, therefore, the presence of subject in society is certainly prejudicial to the maintenance of public order, peace and tranquility and safety of citizens of the area.

(3.) Sh. D.S. Saini Ld. Sr. Advocate appearing on behalf of petitioner, has reiterated the grounds urged in the petition and has vehemently sought the setting aside/quashment of the impugned detention order on the following counts:-