MOHD MAQBOOL BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Habeas Corpus petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir has been filed by one Khazir Mohammad Beigh S/o Abdul Gani Beigh R/o Chatterhama Zakoora Srinagar for the release of his brother who has been detained by the District Magistrate, Srinagar under the provisions of Jammu and Kashmir Public Safety Act, 1978. ,

(2.) IT is alleged that the detenue was arrested on 4.1.2006 and ever since he is in the custody of the respondents. He is lodged in Kotbalwal Jail Jammu. It is further stated that the detenue is affiliated with a regional main stream political party having set exemplary conduct for other politicians he has not conducted himself in any manner unbecoming of a responsible and law abiding citizen nor has he indulged in any act or omission made penal by the laws of the land for the time being inforce. The petitioner further alleges that the said detenue has been detained under the provisions of Jammu and Kashmir Public Safety Act under Order No. DMS/PSA/80 of 2006 dated 2.2.2006 passed oy District Magistrate Srinagar. The order of detention has been challenged on various grounds interalia that there was absolutely no material muchless any cogent material before the detaining authority for passing the order impugned. It is further stated that the grounds of detention have allegedly been passed on the material supplied by the Senior Superintendent of Police, to the detaining authority. The petitioner further stated that the grounds of detention are vague, omnibus, general and have been passed on irrelevant considerations.

(3.) RESPONDENTS have in the counter filed by the District Magistrate, Srinagar stated that the activities of the detenue which are highlighted in the grounds of detention were prejudicial to the security of the State as such the detenue was detained under the provisions of Public Safety Act. Respondents have further stated that the grounds of detention are precise, proximate, pertinent and relevant and that there is no vagueness or staleness as indicated by the petitioner.