AMIR AHMAD CHANA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) District Magistrate Baramulla by Order No. 03/DMB/PSA/2023 dtd. 7/2/2023 has placed one Amir Ahmad Chana S/o Mohd Subhan Chana R/o Azad Gunj, Tehsil Baramulla District Baramulla (hereinafter referred to as the detenue) under the preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State and has lodged in Central Jail, Kotbalwal, Jammu. It is this order, the father of the detenue is aggrieved of and seeks quashment of the same on the following grounds:

(2.) Counter affidavit has been filed by the respondents stating therein that the detenue has been detained in pursuance of detention Order No. 03/DMB/PSA/2023 dtd. 7/2/2023. It is submitted that the detenue has been at the forefront of disturbing the peace in old town Baramulla. The aim and objective of the detenue is to disturb the maintenance of Security of State and to create an atmosphere conductive to the propagation of secessionist ideology. The detenue has been found involved in case FIR No.142/2013, 248/2013, FIR No.263/2016, FIR No.278/2016, FIR No.301/2016, and FIR No.322/2016 P/S Baramulla. The detenue was earlier detained under PSA vide order No. 24/DMB/PSA/2021 dtd. 21/10/2021, however, the said order was quashed by this Hon'ble Court. However, it has been found that the detenue has been continuously holding conversations with staunch and hardcore associates in the Jail, posing themselves as his relatives and the detenue used to discuss future strategy creating public disorder, prejudicial for the security of the State with his fellow detenues and many separatist elements in Kot Bhalwal Jail Jammu. Accordingly, the Police concerned prepared a dossier and while finding that the activities of the detenue are prejudicial to the security of the State and normal law of land is not sufficient to deter the detenue from his nefarious activities and forwarded dossier alongwith record to the detaining authority with the recommendations to order preventive detention of the detenue. The detaining authority after examining the activities of the petitioner issued Order No. 03/DMB/PSA/2023 dtd. 7/2/2023. In compliance to the order of District Magistrate, the warrant was executed on 19/2/2023. The petitioner was handed over to Superintendent Central Jail Kotbalwal Jammu for lodgment.

(3.) Photocopy of the record is provided by learned counsel for the respondents.