ALAM BHAT Vs. STATE

JUDGEMENT

(1.) DETENUE Masrat Alam has been detained under Section 8 of Jammu & Kashmir Public Safety Act, 1978 ( for short the Act). Through the medium of the present petition the petitioner has challenged the order of detention issued by the District Magistrate, Srinagar under No. DMS/PSA/26/2007 dated 16.1.2008.

(2.) PETITIONER was earlier also detained by the District Magistrate vide Order No. DMS/PSA/03/07 dated 28.4.2007. The said detention came to be challenged before this Court and by its judgment dated 1.10.2007 the court allowed the petition and quashed the detention order. The petitioner has now been detained again on almost the same grounds on which he was detained earlier.

(3.) THE grounds of detention show that the detenu is a staunch supporter of secessionist ideology and since 1990 he is actively involved in terrorist activities which have a direct bearing upon the maintenance of security of the State. The District Magistrate has given various grounds for his detention. It is stated that on 22.4.2007 the break way group of Hurriyat Conference arranged a Public meeting at Iddgah, Srinagar, despite the fact that the permission for conducting such a meeting was not given by the District Administration. The detenue was one of the Chief organizers of the said meeting and while addressing the gathering he raised anti -national slogans and incited the general public on spot, who got provoked and resorted to anti -national slogan shouting. During his speech he challenged the accession of the State of J&K with the Union of India and asked the general public to join terrorism and rise against the so called Indian occupation. His conduct in the said meeting was criminal in nature and accordingly a case under FIR No. 70/07 U/s 13,18 ULA (P) was registered in Police Station Safa Kadal, Srinagar, which is under investigation.