GHULAM HASSAN SHAH Vs. STATE OF JK &ORS

JUDGEMENT

(1.) The instant Habeas Corpus petition has been filed challenging the order of detention bearing No. 260/DMB/PSA/2017 dated 22nd February, 2017, passed by District Magistrate, Baramulla i.e. Respondent No. 2.

(2.) In the grounds of detention, it is stated that the detenue in this case is 31 years old and his education is upto 10th Class. On 10th July, 2016, the detenue, being part of a unruly/violent mob, armed with lathies, axes and stones, resorted to heavy stone pelting on Police and CRPF pernonnel near Bomai. The unruly mob also sprinkled kerosene oil on the Santry post of Police Station Bomai and set it ablaze for which FIR No. 73/2016 came to be registered in Police Station Bomai. Again, on 11th July, 2016, it is stated that the detenue was part of a violent mob which resorted to heavy stone pelting at police and other paramilitary security personnel leading to registration of FIR No. 74/2016 in the Police Station Bomai. One more incident is stated to have happened on 23rd July, 2016, resulting in registration of FIR No. 75/2016 in the same Police Station (i.e. Bomai).

(3.) According to the detaining authority, the detenue instigated/motivated stone pelters and that his anti-national activities caused serious damage to the maintenance of public order. It is stated that the normal law did not prove sufficient to deter the detenue from indulging in anti-national activities, as such, the detenue was detained under the provisions of Section 8 of the Jammu and Kashmir Public Safety Act, 1978.