AQUEEL AHMAD Vs. STATE

JUDGEMENT

(1.) PETITIONER , Aqeel Ahmad S/O Shri Khadim Hussain R/O Hayatpura Manghar, Tehsil Haveli District Poonch has been detained in preventive custody under Section 8 of the Jammu & Kashmir Public Safety Act, 1978 (hereinafter referred to as "the Act") by the District Magistrate, Poonch, vide his order No. 06/PSA of 2002 dated 21/09/2002 and detained in Sub -Jail Kot Bhalwal, Jammu for a period of 12 months. The detention of the detenue in preventive custody was subsequently confirmed by the Government vide order No. Home/PB -V/2300 of 2002 dated 16.11.2002 and the period was enlarged upto 24 months. The detenue, through his father Shri Khadim Hussain, has challenged the validity and propriety of the detention order precisely on the following grounds: -

(2.) HEARD the learned counsel appearing for the respective parties and considered the rival contentions in context with the relevant provisions of law touching the matter in controversy.

(3.) THE detenue had, as per the grounds of detention joined the ranks of militant outfit LET and foreigner mercenaries operating in the area in subversive and anti -national activities. He joined hands with militants and became an agent of an enemy agency ISI with the sole aim and object to interfere and disturb public peace and tranquility of the State and also hatched a conspiracy to cause murders, bring consignment of arms and ammunition, strike the Security forces to endanger the human lives. The detenue is stated to have been arrested by the Poonch Police on 21.02.2002 and one AK Rifle, 3 magazines of AK and 100 rounds were recovered from his possession which led to the registration of FIR No. 200 of 2001 U/S 3 (5) POTA, Police Station, Poonch. It is alleged that detenue has been providing food and shelter to the militants in his house and provided information to the militants regarding movement of Army and Police in the area. The detenue further alleged to have resorted to indiscriminate killing of innocent people particularly Baldev Raj and other family members of Khater Paul in Village Mangnar. It is further stated that detenue admitted during interrogation that Abu Abdullah, the Commander of LET outfit has given him a AK 47 rifle, 3 magazines, 100 rounds besides one wireless set after the completion of the training of the weapons. The detenue is stated to be a desperate character and it will not be adequate to deal with him under normal criminal law of the land and his remaining out side is detrimental to the security of the State and, thus, became necessary to take him into custody in order to prevent him from doing subversive activities and acting in any manner prejudicial to the security of the State. The detention order in respect of the detenue for his preventive custody was issued on 21.9.2002 by District Magistrate, Poonch and stood confirmed by the Government for a period of 24 months vide order dated 16.11.2002 and the petitioner was lodged in Sub Central Jail, Kot Bhalwal.