MADAN LAL Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners son, Deepak Kumar, has been detained in pursuance of an order of detention, passed by District Magistrate, Srinagar, vide order No. DMS/PSA/70 dated 18 -10 -2002 and in order to prevent him from acting, in any manner, prejudicial to the maintenance of public order under section 8 of the J&K Public Safety Act, 1978 (hereinafter for short referred to as "the Act") the detenue has been detained for a period of 12 months and lodged in Central Jail, Kot Bhalwal, Jammu, vide Government Order No.Home/PB -V/2417 of 2002 dated 12 -12 -2002. The order of detention passed by the detaining authority has been challenged by the detenue on variety of grounds, enumerated in para 5 of the petition, which are detailed as under:

(2.) AS disclosed in the grounds of detention, prepared by the District Magistrate, Srinagar, the detenue was a Sub -Inspector of Police and after having been found that he secured the service on false qualification certificates, was discharged from the service. It is further alleged that the detenue became ring leader of an organized gang of criminals involved in inter -state crimes. He also came in contact with a notorious car lifter, Irshad Ahmad Khan, and indulged in car lifting and preparation of false documents in respect of stolen cars. Irshad Ahmad Khan already stands detained under PSA. Various criminal cases stood registered against the detenue under: (i) FIR No.445/2002 under sections 420, 467, 468, 471, 211 RPC by Police Station, Gandhi Nagar, Jammu; (ii) FIR No.21/2001 under sections 420, 467, 468, 471 RPC by Police Station Crime Branch, Jammu; (iii) FIR No.55/2002 under sections 382, 201 RPC by Police Station, Zadibal and (iv) FIR No.65/2002 under sections 392, 342 RPC by Police Station, Batmaloo. The detenue was found involved in one -way or the other in all these cases, in regard to the sale and purchase of 20 stolen vehicles. The petitioner was arrested on 18 -07 -2002 in case under FIR No.55/2002 in connection with snatching of a Maruti Car from one Farooq Ahmad Bhat. The detaining authority, after having been satisfied that with a view to prevent the detenue from indulging in and repetition of his activities, found that it was necessary to detain him in preventive custody and made an order of detention under section 8 of the Act, on 18 -10 -2002. Reference was made by the Government to the Board to give its advice for the sufficient cause for the detention of the detenue. The Board, after having examined the record and heard the detenue, found that the activities of the detenue were prejudicial to the maintenance of public order and, thus, justified the District Magistrate, Srinagar in ordering his detention under the PSA.

(3.) MR . B.S. Salathia, Additional Advocate General, appeared on behalf of the respondents and submitted that the period of detention of 12 months has since expired and the detenue stands released. Mr. V.R. Wazir, learned Counsel appearing for the petitioner, however, submitted that since the order has worked out very harsh against the detenue, he addressed the arguments on the validity of the order of detention on the grounds of challenge, enumerated in the petition and referred above.