JAVED EQBAL Vs. STATE

JUDGEMENT

(1.) -JAVED Iqbal has filed this petition through his father, seeking quashing of District Magistrate Jammu's order no. 03/psa of 2007 dated 23. 6. 2007 besides a direction to the respondents to pay him rs. 2,00,000 as compensation for. his illegal detention.

(2.) LEARNED counsel appearing for the petitioner submits that despite quashing of petitioner's earlier detention order No. 9/ psa of 2006 dated 24. 5. 2006 issued by district Magistrate Jammu by this Court on 18. 5. 2007, the petitioner was not released from custody and was rather taken in custody by Police Station Joint Interrogation centre Jammu in FIR No. 1 of 2007 under sections 18 of Unlawful Activities (Prevention)Act, 120b, and Section 121 RFC. While he was in custody with the police, the District Magistrate issued yet another order for his preventive detention. The grounds on the basis whereof this second detention order had been issued, while reiterating all the earlier grounds, added an additional ground in the grounds of detention which course, according to learned counsel, was impermissible, in that neither was there any material justifying petitioner's detention on the additional ground, and nor was any material or this additional ground even supplied to the petitioner, facilitating him to exercise his right to make an effective representation against his detention. Learned counsel relies on Kshetra Gogoi v. State of assam and Amritlal and Ors v Union Government and Ors. to support his submission besides a judgment of this Court in case jatinder Singh Sirohi v. State and Ors.

(3.) MR. Salathia, learned State counsel, submitted that the detention of the petitioner was justified in view of his activities which had been noticed during the period of his earlier detention. He submitted that there was enough material on records to justify the petitioner's detention for his activities which were prejudicial to the security of the State.