SHOWKET ALI KHAN Vs. STATE

JUDGEMENT

(1.) BY this petition detention of one Showkat Ali Khan S/O Yar Mohammad Khan R/O Chalgund, Beihama Kupwara through his father Yar Mohammad Khan.

(2.) THE petition has been admitted to hearing on 23 -8 -1994 and in response to the notices issued to the respondents, they appeared through Government Advocate, but they have not filed any counter. The petition has come up for hearing and perusal today.

(3.) HEARD learned counsel for the parties. The petition has taken almost all the pleas legal, factual and constitutional, while assailing the detention of the detenue. It is further submitted by the petitioner that just on 18 -1 -1994, a communication came to be addressed by the District Magistrate, Kupwara to Divisional Commissioner, Kashmir informing him that he had received a dossier from Superintendent of Police, CIK Srinagar for issuance of a detention order against the detenue. However, he had submitted that after verifying the matter, he had come to know that factually brother of detenue namely Abdul Rashid Khan was a Militant and District Chief of outlawed organization of JKLF, who was arrested on 7 -7 -1993. The District Magistrate has further mentioned in the communication under reference that the arms and ammunition, shown to have been recovered from the detenue, have actually been recovered from his brother who is reported to have been lodged in Central Jail, Srinagar under the provisions of J&K Public Safety Act. As regards the detenue whose petition has come for consideration today, the District Magistrate has observed that the detenue has been arrested only because his brother is a Pak trained militant and has desired that adopting this sort of mechanism will not get good results in bringing normalcy in the State and the policy to be followed by the Government is to take lenient view in respect of innocent persons, as he was feeling that the detenue against whom dossier has been received is an innocent person. However, despite having made such observations, yet the District Magistrate, Kupwara came out with an order of detention against the detenue bearing No : 28 of DMK/PSA dated 17 -7 -1994, where under the detenue has been ordered to be detained for a period of six months.