MEHRAJ UD DIN SHIGAN Vs. STATE

JUDGEMENT

(1.) Subject Mehraj-ud-din Shigan is detained u/S. 8 of J. and K. P. S. Act, 1978 with a view to prevent him from acting in any manner prejudicial to the Se-curity of State by District Magistrate. Srinagar (respondent No. 2) under his order No. DMS/PSA/32 dated 3-6-2002. This order is under challenge in this petition. Though number of grounds have been taken, yet Ld. Counsel for the petitioner is making submission only on following two grounds: First that the detenu has not been supplied material relied on in the grounds and detention by the detaining authority thereby he is prejudiced to make representation against the order to the Government. Second, that the detention order suffers from non-application of mind, inasmuch as, there is no proximate and subsisting link between the grounds and the purpose sought to be achieved by the detention. The detention order is vague and the facts and circumstances given in grounds are separated by considerable time period from the actual date of order of detention.

(2.) Ld. Counsel for the respondent Mr. M. A. Wani, Dy. AG submits that the detenu has been, supplied grounds and detention order and even receipts have been obtained from the detenu by way of acknowledgement thereof and the detenu has been informed of his right to make representation. Counsel further submits that the detention order is based on ground as given in the memo of grounds qua detenu's involvement in militancy, recovery of arms and ammunition, registration of the case at P/s Batmaloo, Srinagar and the apprehension that he may get bail. These stated grounds, are sufficient to sustain the detention. The detention file is made available by Mr. M. A. Wani, Dy. AG.

(3.) The grounds of detention {Annexure P-1) comprised of four paragraphs. Paragraph first states that the detenu is an active and staunch member of 'Aljahad' militant organisation with aim and object of seceding the territory of J. and K. from Union of India. The next and main paragraph says that the detenu born in 1975 went across the line of actual control in 1990 and returned back four months later in 1991, after receiving training in handling of arms and ammunition. However the detenu went to Russia for undergoing MBBS course in 1994. From 1994, for a period of 8 years he was in Russia and obtained MBBS degree in March, 2002. The third paragraph says that the detenu returned back to the State in March, 2002. He was arrested and from his possession one Chinese pistol, One Magazine and three live rounds were recovered and FIR 36/02 u/S. 7/25 I.A.A. was registered against him at P/S Batamallo, Srinagar. In last paragraph it is stated that the detenu may get bail and in that eventuality his remaining at large will be threat to the Security of the State, therefore, he is detained under P. S. Act.