MOHD QADEER Vs. STATE

JUDGEMENT

(1.) THROUGH this Habeas Corpus Petition, the petitioner seeks quashment of detention Order No. 05 of 2008 dated 17.05.2008 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 grounds of detention further reveal that the petitioner contacted terrorist code Jannisar on his mobile No. 9906303465 and agreed to work for HM Commander code Saqib. The said HM Commander used to seek information from the petitioner regarding the deployment of security forces. It has also come in the grounds of detention that the petitioner had purchased shoes -one pair, ear phone -six numbers, black goggles -4 numbers, one shirt, one trouser, undershirt -two numbers, underwear - two numbers and cotton socks - two pairs from Jammu and Rajouri markets which were to be delivered to the HM Commander. The petitioner is also said to have collected six SIM cards at the instance of the Commander from Gujjar Mandi, Rajouri. The detention order also reveals that the petitioner was arrested in case FIR No.17/2008 under Sections 121/122/120 -B/212/216 RPC and 3/EAO of Police Station, Kandi and two mobile sets with SIM cards were recovered from his possession. As a consequence of that he was detained under the provisions of J&K Public Safety Act.

(3.) THE petitioner has questioned the order of detention on the following grounds: -