NAZIR AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) SUBJECT Nazir Ahmad Bhat is detained U/s 8 of J&K Public Safety Act, 1978 by District Magistrate Srinagar (respondent No. 2) vide his order No. DMS/PSA/39 dated 31.7.2003. Pursuant to this order the detenu was taken in preventive custody on 4.8.03. This order and the detention is impugned on number of grounds. However Ld. Counsel has taken following two grounds to question the order of detention: -

(2.) LD . Counsel for the State Mr. T. Khawaja submits that notwithstanding that the detenu was involved in punitive detention in the above referred two FIRs, he was detained for valid reasons under P.S. Act and whatever the facts available with the detaining authority same have been stated in the grounds thereby the detenu is not prejudiced.

(3.) RECORD is perused. Annexures P -1 AND P -2 show that the detenu is bailed out in FIR No. 64/04 registered at P/s Safakadal Sgr. and FIR No. 31/01 again registered at P/s Safakadal, Srinagar. The grounds of detention speaks of recovery of arms and ammunition from detenu in respect of which FIR No. 64/03 U/s 7/25 I.A.A was registered at P/s Safakadal, Srinagar apart from the reference to some circumstances pertaining to the period earlier to April 1990. The order concludes that: -