JAN MOHD. Vs. STATE

JUDGEMENT

(1.) DETENTION order No. 09/2005 dated 06 -12 -2005 of District Magistrate, Rajouri, directs the detention of Jan Mohd., petitioner, in preventive custody under the Jammu and Kashmir Public Safety Act.

(2.) JAN Mohd has approached this Court through the medium of HC(W) No. 03/2006, seeking quashing of the detention order. It is stated in the petition that Jan Mohd. stood already arrested in F.I.R. No: 82/05 registered under Sections 307/120B/121/122/123/124 -A/212/216/336 R.P.C. and Sections 7/27 of Indian Arms Act besides Section 03 SSA, because of which there was no scope for the detenue to be enlarged on bail and in these circumstances his preventive detention was wholly unwarranted besides being unsustainable in the eyes of law. The detention order has been questioned as arbitrary.

(3.) THE respondents have filed counter affidavits of the District Magistrate Rajouri and the Senior Superintendent, Central Jail, Kot Bhalwal, Jammu, opposing the quashing of the detention order.