WASEEM AHMAD SOFI Vs. STATE OF J&K

JUDGEMENT

(1.) The instant Habeas Corpus petition has been filed challenging the order of detention bearing No. 139- DMG/PSA/2016 dated 29th September, 2016, passed by District Magistrate, Ganderbal i.e. Respondent No. 2.

(2.) In the grounds of detention, it is stated that the detenue, in this case, is 21 years old unmarried, educated upto 8th Class and is engaged as a bread-maker. It is stated that the detenue is involved in large number of cases of stone pelting after the killing of Burhan Wani and that he was regularly disturbing the public peace and tranquillity. The detenue is stated to be engaged in series of incidents of stone throwing, road blockades, damage of vehicles/including Government vehicles and public /private property. In this regard, the detaining authority, while passing the order of detention, was of the view that in order to prevent the detenue from acting in any manner prejudicial to the maintenance of public order, it was necessary to detain the detenue under the provisions of the Jammu and Kashmir Public Safety Act, 1978.

(3.) The detaining authority, in the grounds of detention, has referred to involvement of the detenue in various FIRs registered at Police Station Safapora viz. FIR No. 08/2013, FIR No. 21/2013, FIR No. 23/2013, FIR No. 28/2013, FIR No. 13/2016, FIR No. 28/2016, FIR No. 29/2016, FIR No. 31/2016, FIR No. 34/2016, FIR No. 35/2016, FIR No. 36/2016 and FIR No. 42/2016. On the basis of aforementioned incidents/FIRs, it is stated that the detenue was involved in stone pelting incidents in the Manasbal area and was instigating youth to indulge in anti-national activities, as such, it had become imperative to detain the detenue under the provisions of the Jammu and Kashmir Public Safety Act, 1978.