WALI MOHD BHAT Vs. DISTT MAGISTRATE BARAMULLA

JUDGEMENT

(1.) Gulzar Ahmed, detenu has been detained under the orders of District Magistrate, Baramulla, Under S. 8 of the J and K Public Safety Act, 1978, (hereinafter referred to as the Act.) His father Wali Moh'd Bhat, petitioner herein, has challenged the order of detention by filing the present petition. The grounds of detention which were served upon the detenu read as under : -

(2.) Mr. G. N. Kanth, District Magistrate, Baramulla has filed counter stating therein that Gulzar Ahmed detenu was ordered to be detained for preventing him from acting in any manner prejudicial to the maintenance of public order. The order of detention was issued under No. 45 (CM) of 1985 dt. 9-3-1985 and the detenu was directed to be lodged in Central Jail, Srinagar. The Govt. in exercise of the powers conferred by sub-sec. (4) of S. 8 of the Act, after considering his report regarding the detention order approved the said order. Simultaneously with the issue of detention order, he in pursuance to S. 13(1) of the Act informed the detenu regarding his detention order being made on the grounds specified in the letter enclosed to the above referred communication. Copy in duplicate along with its enclosures in duplicate containing the grounds of detention were forwarded to the Superintendent, Central Jail, Srinagar for serving the same on the detenu. The detention of the detenu was ordered on sufficient grounds and the contentions raised by the petitioner are totally misconceived.

(3.) I have heard learned counsel for the parties. Learned counsel appearing for the petitioner has argued that the grounds of detention are vague and the same do not in any way attract the provisions of Section 8 of the Act. Mr. Khan, learned Govt. Advocate has, however, controverted the contention of counsel for the petitioner by referring to the grounds of detention, which, according to him. make the detenu liable for action as provided under S. 8 of the Act for his activities being prejudicial to the maintenance of public order.