AB AHAD RATHER Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed by Abdul Ahad Rather S/o Mohd. Mansoor Rather R/o Tekipora, Sogam, Kupwara (the detenu) through his father Mohd. Mansoor Rather. It is alleged that the detenu came to be arrested on 3.06.2003. He was later booked in FIR No. 34/03 under Sections 307,149,120 RPC, and 7/25 Arms Act of Police Station Lalpora, Kupwara, FIR No. 58/2002 of P/S Sogam for offences u/s _ POTA, 302, 307,120 B RPC, 7/25 A.A., FIR No. 83/2003 of P/S Kupwara u/s 302,307 RPC, 7/25 AA, and FIR N. 85/2002 P/S Sogam, u/s 302 RPC, 7/25 Arms Act. The grounds of detention as issued by respondent No. 2 shows that the detenu was serving in Police Department of J&K Government as Selection Grade Constable. The main allegation against him is that he was working over ground worker of J.E.M, the unlawful organisation and that his aim and object was to indulge in such nefarious activities which were highly prejudicial to the security of the State. The grounds of detention gives various activities in which the detenu has allegedly indulged. Ultimately the detaining authority has come to the conclusion that ordinary law of the land will not serve as a corrective, hence, his detention under the provisions of J&K Public Safety Act 1978 (for short the Act) becomes imperative.

(2.) THE impugned order. No. DMK/PSA68 -70 dated 12.09.2003 reads as under:

(3.) THE detention order has been challenged on various grounds. It is alleged that the detention of the detenu has been passed on the ground that ordinary law of the land is not enough as a corrective measure to prevent the detenu from the activities prejudicial to the security of the State and that the order is not sustainable in view of the law laid down by this Court in various authorities.