ZAKIR HUSSAIN WANI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, namely, Zakir Hussain Wani, aged 26 years, has filed this habeas corpus petition through his father Ghulam Mohd. Wani seeking quashing of detention Order No.PSAlDM/JC/04/06 dated 9.8.2004 along with grounds of detention issued by the District Magistrate, Doda under Section 8 of the J&K Public Safety Act, 1978. The copy of order along with grounds of detention was served upon the petitioner in jail, as he was already in custody since June 2004 pursuant to registration of FIR No.70/2004 under Sections 302/307/RPC and 3 PSS Act, Police Station Doda. It is further not in dispute that as a result of interrogation another FIR, bearing No.102/2004 dated 5.7.2004, came to be registered against the petitioner under Sections 212/121, 122/120 -B, 124/124 -A RPC at Police Station Doda.

(2.) THE order of detention is being challenged by the petitioner inter alia on the grounds that he was not supplied with the copies of interrogation report, FIR Nos.70/2004, 102/2004 and other incriminating material collected by the police during investigation, on the basis of which the detention order has been passed that when the order of detention came to be passed the petitioner was already in custody in FIR No.70/2004 and in absence of any satisfaction of the detaining authority that there was likelihood of petitioner being released on bail, the order of detention is totally illegal. It is submitted that the order of detention and the grounds of detention do not indicate that the District Magistrate, Doda was even aware of the fact that the petitioner was in custody in the aforementioned two FIRs and there was any scope of his being enlarged on bail.

(3.) IN response to the notice of petition, the District Magistrate, Doda has filed a short affidavit saying that the petitioner has been detained in pursuance of order dated 9.8.2004 as his activities were found prejudicial to the security of the State. Further, according to the District Magistrate, the detention order was duly ratified by the Government and the grounds of detention along with detention order and other relevant material were duly served upon the petitioner on 19.8.2004.