MOHD ZULAF 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 detention order reveals that in March, 2008 he received a consignment of Rs.1.24 lac from his associate karamat Ullah near Ansi Nallah for further delivery to the code Jannisar functioning as Commander of HM outfit. On March 2008 he and in association with Qadir purchased valuable items including mobile phone, hand sets sim cards, cloths and shoes for the terrorist residing in hideouts. He received another consignment of Rs.13,000/ - from his associate Karamat Ullah. He and his two associates collected mobile phones hand sets, sim cards from Mohd Din another OGW from Gujjar Market, Rajouri and delivered the same to the terrorists in their hideouts in Kandi area.

(3.) THE detention order also reveals that the petitioner was arrested in case FIR No.17/2008 under Sections 121/122/120 -B/216 RPC and 3/EAO of Police Station, Kandi and Rs.1.34 lacs India currency, two sim cards, two pairs of shoes and two shirts were recovered from his possession. As a consequence of that he was detained under the provisions of J&K Public Safety Act.