ASHIQ HUSSAIN BHAT Vs. STATE AND ORS

JUDGEMENT

(1.) One Shri Ashiq Hussain Bhat, appears to have been detained by dint of order bearing No. DMB/PSA/11 of 2017 dated 19-05-2017, passed by the respondent No. 2 - District Magistrate, Badgam, in exercise of powers vested in him under clause (a) of section (8) of the Jammu and Kashmir Public Safety Act, 1978 (for short Act of 1978). The detenue was ordered to be lodged in Central Jail Kotbhalwal, Jammu.

(2.) It is pleaded in the petition that the detenue was earlier arrested by the security forces on 25-12-2013 in case bearing F.I.R No. 216/2013 under section 302, 307 and 120-B RPC, registered in Police Station Chadoora. It is further stated that after facing a full dressed trial, he was acquitted by the Court of competent jurisdiction of the charges levelled against him, and the jail authorities of Central Jail, Srinagar, were directed to release the detenue from custody. However, instead of releasing the detenue, he was taken to CIK, Humhama. Thereafter he was shifted to police station, Badgam, where he was implicated in case bearing F.I.R No. 448/2013. Learned counsel for the petitioner further stated that it was from the police station, Badgam, that the detenue was taken to Central Jail Kotbhalwal and detained under the provisions of J&K PSA, 1978 in terms of the order of detention impugned herein. Learned counsel for the petitioner has submitted that the detenue continues to be in jail at the moment.

(3.) The respondents have pleaded in their Counter affidavit that the grounds of detention were read over, explained and served to the detenue and he was told that he has a right to make a representation to the Government against the order of his detention, which, it appears, has not been filed by him. The arguments have also been advanced on similar lines.