BASHARAT HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE detenue, Basharat Hussain S/o Shri Mohammad Nazir, R/o Nagrota, Tehsil & Distt. Rajouri has been detained under section 8 of the Jammu & Kashmir Public Safety Act, 1978 vide order No. 01 of 2004 dated 27.01.2004 passed by the District Magistrate, Rajouri with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State. The detention of the petitioner was, however, confirmed by the Government vide order No. Home/PBV/693 of 2004 dated 25 -3 -2004 for a period of 24 months and lodged in Central Jail Kote Bhalwal, Jammu. The order of detention came to be challenged by the petitioner on variety of grounds;

(2.) THE respondents in their reply refuted the contention of the petitioner and submitted that the order of detention has been passed with a view to prevent the petitioner from indulging in anti -national and subversive activities, considering the same prejudicial to the security of the State. The detenue was detained in pursuance of the detention order dated 271.2004 passed by the District Magistrate, Rajouri, respondent -2. It is also stated that the grounds of detention were read over and served upon the detenue and duly explained in the language which he fully understood. The grounds of detention were communicated and furnished to the detenue on 31.1.2004. His case was referred to the Advisory Board and thereafter Government confirmed the detention order for a period of 24 months, based on the opinion of the Advisory Board and other relevant material provided/furnished in this behalf. It was, however, admitted that the detenue was in custody at the time of issuing the detention order, but it was apprehended by the detaining authority that in case of his release on bail, there was likelihood of detenue again acting in any manner prejudicial to the maintenance of security of the State.

(3.) I have heard the learned counsel appearing for the respective parties at length and minute examination of the facts on the file was also done. The detention record has also been made available by Mr. B.S.Slathia, AAG for the perusal of the Court. The detention order passed by the District Magistrate, Rajouri in respect of detenue with a view to prevent detenue, Basharat Hussain, from indulging in anti -national activities prejudicial to security of the State is available on the writ file which reads as;