BASHIR AHMED SOFI Vs. STATE

JUDGEMENT

(1.) Detenu Bashir Ahmad Sofi has presented this petition through his brother Abdul Majid Sofi, seeking to quash detention order No. DMD/PSA/93 dated 4-1-2003 passed by District Magistrate, Srinagar in exercise of his power under S. 8 of the J. & K. Public Safety Act, 1978 (hereinafter to be referred to as "the Act"). The detenu has been directed to be detained for a period of two years.

(2.) The detenu has challenged the detention order on various grounds including that he was detained by the Respondents in FIR No. 73/2002 registered with P/S Khanyar, Srinagar and put in wrongful confinement. The respondents could not collect any evidence of his involvement in commission of the offence. By the abuse of the power respondent No. 2 passed the order of preventive detention of the detenu. The grounds of detention, dossier and the other relevant documents relied upon by the respondents have not been supplied to the detenu in absence of which the detenu is not in a position to make an effective representation in terms of S. 13 of the Act. No recovery was made from the detenu and his alleged involvement for distribution of the money to the families of the deceased militants is incorrect.

(3.) Respondents have filed reply controverting the averments of the petition. It is stated that the detenu was taken into custody on 29-6-2002 in FIR No. 73/2002 of P/S Khanyar. His detention was necessary keeping in view his activities which were found prejudicial to the security of the State. The detention order was issued on 4-1 -2003 and approved on 15-1-2003 within the statutory period. It was executed on 11-1- 2003 and confirmed by the Government on 12-3-2003. The Board constituted under S. 14 of the Act after hearing the detenu has opined the continued detention of the detenu for a period of twenty four months.