ZAHIDA Vs. STATE OF J AND K

JUDGEMENT

(1.) After quashment of two detention orders passed against the petitioner, third detention order which is impugned in the instant petition has been passed.

(2.) The gravamen of the allegations against the detenue is that she allegedly is affiliated with Lashkar-e-Taiba outfit. She has been providing shelter to the militants. She is alleged to have carried two bags containing arms and ammunition. In the month of April, 2006, a person known as Abdullah visited her house and asked her to conceal a bag containing arms and ammunition i.e. 2 AK rifles and four hand grenades. Thereafter, some more hand grenades were delivered to her. So in addition to dumping the arms and ammunition, she used to transport the same. In the month of May, 2006, Lashkar-e-Taiba outfit hatched a conspiracy and carried out suicidal attack in Sheri Kashmir Park. In this connection she was contacted and was asked to hand over a bag full of arms and ammunition to one Mohd. Yousuf Dagga. On 20-5-2006. she is alleged to have handed over bag containing two rifles to Mohd. Yousf Dagga at Idd Gah and one grenade was retained at her residence. After suicidal attack was carried out case as FIR No. 51/06 was registered in Police Station, Kothi Bagh, for commission of offences punishable under Sections 302, 307 R.P.C.

(3.) Mst. Zahida, detenu, initially had been arrested in connection with said case. Thereafter, while in custody was detained pursuant to detention order No. DMS/PSA/29 dated 30-9-2006. The said order of detention was quashed by this Court while disposing of HCP No. 481/06 on 29-12-2006. Again the detenu while in custody was detained pursuant to second detention order bearing No. DMS/PSA/42 dated 8-1-2007. The said detention order again was challenged through the medium of Habeas Corpus Petition No. 12/07 which was disposed of by this Court on 1-5-2007 wherein the second detention order was quashed.