SAJAD PASWAL Vs. STATE OF JK &ORS

JUDGEMENT

(1.) The instant Habeas Corpus petition has been filed against order of detention bearing No. 71/DMS/PSA/2016 dated 26th October, 2016, passed by District Magistrate, Shopian i.e. Respondent No. 2.

(2.) The detaining Authority was of the view that the detenue is destroying the Forest wealth by illegally cutting trees and, as such, causing great ecological damage to the State. According to the detaining authority, the detenue indulged in illegal felling, concealing, and transporting of timber from the Forest. He resorted to nocturnal cutting of trees and transporting the same clandestinely out of the Forest area.

(3.) In the grounds of detention, reference is made to involvement of the detenue in several FIRs in order to show the nature of trees that are cut by the detenue and the quantity of damage done to the Valley/State Exchequer has been approximately calculated as Rs.15,84,800/- It is stated that since the detenue being a habitual offender, destroying the Forest wealth as well as the Ecology of the State in his clandestine way of cutting green trees, therefore, in order to ensure that the detenue does not act prejudicial to the preservation of the green gold and to restrain him from destroying the Forest wealth, he was ordered to be detained in terms of Clause a-1, Sub-Section 1 of Section 8 of the Jammu and Kashmir Public Safety Act, 1978 vide order dated 26th October, 2016.