ASHIQ HUSSAIN WANTH Vs. STATE

JUDGEMENT

(1.) Through the medium of instant Habeas Corpus Petition, detenue-Ashiq Hussain Wanth seeks quashment of detention order No. DMS/PSA/23/2013 dated 26.12.2013 which has been slapped upon him by District Magistrate Srinagar invoking powers under Section 8 of the Jammu and Kashmir Public Safety Act [Refer JK Laws 2nd Ed. 2013 Vol. 27 P-33] as his activities were found to be "prejudicial to the maintenance of security of the State". The detenue stands lodged in District Jail Kupwara. Respondents have failed to file counter. However, the Record was made available by learned counsel for the State for perusal.

(2.) Learned counsel for petitioner contended that in the impugned order of detention, it is recorded that the District Magistrate, Srinagar was satisfied that with a view to prevent the Detenue from acting in any manner "prejudicial to the maintenance of security of the State", it was necessary to detain him under the provisions of the Jammu and Kashmir Public Safety Act, 1978. The grounds of detention are concluded as follows;

(3.) Adverting to the Record, it appears that the District Magistrate is not certain whether the alleged activities of the detenue posed threat to the "security of the State" or to "maintenance of public order". This suggests non-application of mind while passing the order of detention. Learned counsel for petitioner has placed reliance upon the judgment of Hon'ble Apex Court rendered in G M SHAH V/S STATE OF JAMMU AND KASHMIR, 1980 1 SCC 132. It reads;