ASHAQ HUSSAIN PIR Vs. STATE

JUDGEMENT

(1.) MR . Sofi has drawn my attention to the grounds of detention served to the detenues in the above referred petitions, wherein besides stating that the detenues are members of out -lawed terrorist organisation, are indulging in activities by participation in the acts of subversion. The organisation to which the detenues belong, have phased their programme in different ways to spread terror and create chaotic conditions in the State and thereby achieve their goal, by indulging in killing, kidnapping, looting, arson, extortion and other criminal acts. These are the activities of the organisations as a whole and the detenues cannot be held responsible for these activites, as has been held by the courts, of the country.

(2.) IT has specifically been alleged in the grounds of detention that the detenues have voluntarily joined in the secessionist movement and have been actively participating in the anti -national activites with full intention and malice. These activites besides having been declared as threat to the security of the State, have been defined as anti -national activites. It has also been averred in the grounds of detention that the activities of the detenues being prejudicial to the security of the State, .the ordinary law of the land is not sufficient to deter them to continue with such anti -national activities and as such, the detention of the detenues under the provisions of the J&K Public Safety Act have become imperative.

(3.) BY refering the grounds of detention, Mr. Sofi wants to project that it is not because of the prejudicial activities to the security of the State that they are being detained, but the grounds of detention goto project that the detenues are participating in anti -national and terrorist activites. Both these things have been "taken out of the purviews of detaining a person under the preventive detention. 4 - No doubt the provisions of the preventive detention do envisage that an individual can be detained in case his activites are prejudicial to the security of the state and public order.