BILAL AHMED Vs. U.T. OF J&K

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court for quashment of Detention Order No.PSA/02 of 2025 dtd. 12/3/2025, passed by respondent No.2-District Magistrate, Doda under Sec. 8(1)(a-1) of J&K Public Safety Act, 1978 (hereinafter referred as PSA ) and consequent release from detention.

(2.) Background facts of the case are that a dossier dtd. 6/3/2025 came to be submitted by Divisional Forest Officer, Bhaderwah to respondent No.2-District Magistrate, Doda alleging inter alia that petitioner is a notorious timber smuggler, causing damage to the forests of the District, especially in compartment 05/Jai Chiralla Range of Bhaderwah Forest Division. It was alleged that there were two FIRs already registered against him at Police Station, Gandoh and another FIR lodged by Block Officer Jai-1st regarding manhandling/death threatening to a Govt. official and that his activities were causing damage not only to the green wealth of the district and local biodiversity of the area, but also impacting the lives of the people. He had not renounced his illegal practices even after issuance of warnings and registration of damage cases against him. It was evident from the registration of two FIRs/ damage cases/reports against him that he had least respect for the Law of Land. He had got huge motivation and great propensity to indulge in activities which can damage the forests and environment and would be detrimental to the local ecosystem and peaceful existence of the society. It was also alleged that activities of the petitioner in illegal trade and smuggling of timber for personal gains not only endangers the local environment, but also poses serious threats to the lives of health of the people. On the receipt of this dossier, impugned detention order came to be passed, in execution whereof, petitioner came to be detained in Central Jail Kot Bhalwal, Jammu.

(3.) Petitioner is aggrieved of the impugned order, primarily on the ground that he has been framed by the respondents in a false and frivolous case because he gave interview on the Social Media, whereby he had alleged rampant deforestation in the forest area of Bhaderwah Division at the behest of the forest officials under the command of respondent No.3. It is contended that there is no exemplary or cogent material and details available on the basis of which, impugned order came to be passed by respondent No.2. He has been detained on the basis of concocted story with no material on record regarding his involvement in damaging the forests or timber smuggling. Since he was not provided the relevant material/documents to enable him to make an effective representation against his detention, impugned detention order is violative of Article 22(5) of the Constitution of India. He was neither informed about his right to make representation nor provided liberty of being heard, which constituted infraction of his constitutional right. The detention order was not communicated to him in the language he understands. Grounds of detention are replica of the dossier with interplay of some words here and there which exhibits total non-application of mind on the part of the detaining authority and that detention order has been passed in sheer disregard to the provisions of PSA.