MOHAMMAD RUSTUM LONE Vs. STATE

JUDGEMENT

(1.) GHULAM Ahmad Lone brother of Mohammad Rustum Lone - detenu S/o Abdul Aziz Lone R/o Sogam, Kupwara has filed this petition for quashing detention order bearing No. 07 DMK/PSA of 2006 dated 08.03.2006, passed by the District Magistrate Kupwara in terms of the provisions of the Jammu and Kashmir Public Safety Act 1978 (for short 'The Act') and on the grounds taken in the writ petition.

(2.) RESPONDENTS have filed the counter affidavit and contested the same. Record discloses that detenue came to be detained in terms of the impugned detention order on 12.03.2000, thus delay has not crept in execution of the detention order. Copies of grounds of detention order, dossier and detention order were served upon the detenu on 12.03.2006. Record also discloses that notice under Section 13 of the Act came to be served upon the detenue for making an effective representation. Record was examined by the board and detenu was heard personally. In the given circumstances one comes to the conclusion that all the safeguards have been adhered to.

(3.) IT is also profitable to reproduce paras 2 and 4 of the counter affidavit as under: In reply to para No. 4,5, it is submitted that the detenue was arrested by the security forces, and was booked in various FIR no's 58/02,60/02,19/06 Under Section 307,7/25 were registered in police station Kupwara when 2 No. of Rocket Launcher shells have been recovered from the detenue. The later on detained under Public Safety Act in terms of an order bearing No. 07/DMK/PSA of 2006 dated 08.03.2006 issued by the competent authority. In reply to grounds, a, b, c, it is submitted that during the custody of the detenu under the Public Safety Act. He did not choose to remain silent in the jail. He continuously kept himself involved in the militant activities, such as conveyed messages through his relatives to the militants, militants threat to the witnesses, as such, no witness came to depose against him before the trial court in the murder case.