NASIR AHMAD MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) NASIR Ahmad Malik has filed this petition to seek quashing of Order No. DMS/PSA/22 dated 20.06.2003, whereby he has been ordered to be detained in preventive custody for a period of one year by District Magistrate, Srinagar.

(2.) SH . Mohd. Ashraf, learned counsel for the petitioner, makes a short submission that the District Magistrate had proceeded on a wrong premise in treating the petitioner to be in custody, whereas the petitioner stood already released on bail when the District Magistrate had issued orders for his preventive detention. Learned counsel relies on the certified copies of the order passed by Judge, Small clauses Court, Judicial Magistrate 1st Class, Srinagar, dated 27.03.2003, and order dated 24.06.2003 passed by Principal Sessions Judge, Srinagar, in file No.81 of 07.06.2003. He submits that the order of the learned Magistrate is arbitrary besides being violative of the provisions of the J&K Public Safety Act, 1978.

(3.) SH . M. M. Rathore, learned Addl. AG on the other hand, submits that the petitioners writ petition was not maintainable because he cannot question his detention unless he first surrenders to custody. He supports the detention on order as having been passed on valid grounds.