SABOOR AHMAD SHERGOJRI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, petitioner prays for quashment of detention Order No. 175/DMS/PSA/2023 dtd. 27/9/2023, passed by District Magistrate, Shopian ' respondent no. 2 whereby detenu, namely, Saboor Ahmad Shergojri S/o Fayaz Ahmad Shergojri R/o Heffkuri, Tehsil Zainapora, District Shopian, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the Security of the UT/Country, on the grounds made mention of therein.

(2.) Learned counsel for petitioner has stated that the allegations made in the grounds of detention are vague and indefinite and no prudent man can make an effective representation against these allegations inasmuch as the allegations mentioned in the grounds of detention have no nexus with detenu and detaining authority has passed the impugned order of detention in a mechanical and casual manner without application of mind. It is also alleged that the detenu is a hard core OGW, facilitator of Let/HM terrorist outfits and deeply involved in anti-national and anti-social activities in District Shopian. It is also alleged that the detenu has remained in propagating and promoting so called 'Jihadi" ideology among the local youth especially of your adjacent villages which pose a great threat to the integrity, sovereignty of the country. Besides, the detenu being vital information provider to the terrorists regarding the movements of security forces and army but neither record nor any proof with regard to the allegations has been provided to the detenu. He has vehemently argued that a representation was made by father of detenu to respondents for releasing the detenu, but the record reveals that the same was neither considered and decided by respondents nor detenu was produced before Advisory Board for providing him an opportunity of being heard so that he could explain to the members of the Board that detenu is innocent and his order of detention deserves to be revoked and he be set at liberty. He also states that detenu has never associated himself with any terrorist organisation and he has never acted on the directions and signals of any persons whether inside or outside the Union. It is also stated that detaining authority while passing impugned detention order has mentioned that detenu is being placed under preventive detention as his activities are prejudicial to the Security of the UT/Country, whereas in the grounds of detention, at one place it is mentioned that the activities of the detenu are highly prejudicial to law and order and peace and tranquillity and at another place it is mentioned that the activities of the detenu are antinational, anti-social and prejudicial to the security of UT of J&K/Country which reflects non-application of mind on the part of detaining authority because detention order is to be issued either for law and order or for Security of the State but not under both the heads and as a consequence of which impugned order of detention is liable to be quashed.

(3.) Respondents have filed reply affidavit, insisting therein that the activities indulged in by detenu are anti-national and anti-social and his activities pose a serious threat to the security situation prevailing in the district as he is involved in activities prejudicial to the sovereignty and territorial integrity of the country. The activities narrated in the grounds of detention have been reiterated in the reply/counter affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention have been refuted. It is insisted that all the relevant material, which has been relied upon by the detaining authority, was provided to the detenu at the time of execution of warrant.