MOHAMMAD TAJ Vs. STATE & ORS

JUDGEMENT

(1.) Mohammad Taj has filed this petition through his brother Mohammad Zaman seeking quashing of District Magistrate, Jammu's order No. 16/PSA of 2007 dated 21.11.2007 passed under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 to prevent him from indulging in activities prejudicial to the security of State.

(2.) His Counsel, Mr. Rajneesh Oswal submits that petitioner was on bail in FIR no. 62/2007 registered under Sections 4/5 ESA and 7/25 Arms Act at Police Station, Gianni Himmat, Jammu, when without there being any material on records justifying his detention under preventive custody, he was erroneously ordered to be detained by District Magistrate, Jammu. He questions District Magistrate's order on yet another ground that the detention order issued on 21.11.2007 was executed only on 3rd March, 2008 which proved that there was no proximate link between the grounds of detention and purpose therefor.

(3.) Mr. V. K. Chopra, learned AAG, on the other hand, submitted that in view of the nature of activities of the petitioner, the District Magistrate was justified in directing his preventive detention as the petitioner was likely to indulge in activities prejudicial to the Security of State. Learned counsel submitted that delay in execution of the detention order would not affect legality of petitioner's detention, in that, detention order could be executed at any time, the detaining authority so desired.