KARMAT ULLAH Vs. STATE

JUDGEMENT

(1.) THROUGH this Habeas Corpus Petition, the petitioner seeks quashment of detention Order No. 04 of 2008 dated 17.0.2008 passed by District Magistrate, Rajouri under Section 8 of the J&K Public Safety Act, 1978.

(2.) THE grounds of detention reveal that the petitioner remained associated with the local terrorists of HM outfit known with code name Jannisar and HM Commander Ab-Saqib. The main object of this organization is to spread separatist feelings among the public at large in J&K State and in India. The petitioner being an over ground worker of HM terrorist, was found involved in aiding and abetting terrorism by financing and providing food and shelter to the militants. The detention order reveals that in the month of July and September, 2007 terrorist of HM outfit code name "Jannisar" visited his house who took meal and agreed to work with them as OGW. In 2008 terrorist visited his house to whom he provided food and shelter for the night and received cash worth Rs. 1.37 lac for delivery to Zulfikar Zulfi of village Karag whose brother code Abu Museeb was killed by security forces during January, 2008 in Kandi area. He delivered the cash worth Rs. 1.24 lacs as first instalment to Zulfi. Next instalment of Rs. 13,000/- was given by him on 5th March 2008 and exchanged a pair of shoe of No. 8 and 7 size. He was providing foot and shelter, mobile phones, cloths, shoes and dealing in the transaction of hawala money to boost the militancy related activities.

(3.) THE petitioner has questioned the order of detention on the following grounds :- (a) That there is no application of mind by the District Magistrate while framing order of detention; (b) That no copy of dossier was provided to the petitioner which prevented him from making an effective representation against the order of detention.