AB HAMID RATHER Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties at length and also perused the file.

(2.) AS argued by Mr. Mir that the order of detention passed against the detenue Abdul Hamid Rather S/o Mohammad Sultan Rather R/o Iqbalabad, Bemina by the Distrcit Magistrate, Srinagar vide order No. DMS/PSA/428/ 96 dated 25 -3 -1997, is without application of mind. He has submitted that the grounds of detention served to the detenue reveal that the detenue was arrested in FIR No. 336 of 1996 under Section 302, 10 CIA, registered in Police Station Shergari against him. It is also alleged that the detenue was arrested in case FIR No. 162 of 1994 for the offences under section 3/4 TADA, 2/25 I. ARms ACt, registered by Police Station Shergari. On having registered this heinous offence against the detenue, the respondent No.2 apprehends that as because the individual may be let off on bail, so he cannot be prevented from indulging in activities which are prejudicial to the security of the State and in order to cuRb his such activities, he has justified his passing of order of detention. Mr. Mir while projecting his arguments submitted that the offence under section 302 RPC is a henious offence which is punishable with death or imprisonment of life. In the ordinary course, bail is not so easy to be obtained in this offence. Not only that, the detenue has not even applied for grant of such bail so far before any forum. So merely saying that the detenue may be released on bail is only hypothetical and only a surmise and conjecture. Had District magistrate applied his mind while drafting the order of detention in its correct perspective, a man of his caliber, being an IAS officer, would not have fallen to such a mistake. This means that he has not applied his mind to the facts of the case.

(3.) THERE is nothing on file to suggest that the detenue has either applied for bail or he has been granted bail by any court.