MOHD. RAFIQ Vs. STATE AND ORS.

JUDGEMENT

(1.) Pursuant to Order No. 02 of 2017 dated 17.04.2017 passed by District Magistrate, Jammu, detenue has been taken into preventive custody so as to deter him from acting in any manner prejudicial to the maintenance of public order.

(2.) The period of detention in such cases is maximum for one year and it has to be in piece-meals i.e. initially for a period of three months then extendable up to one year. The detenue has been taken into custody on 17.04.2017 so he has been in the preventive custody for last more than 10 months.

(3.) Cursory glance on the grounds of detention suggests that the District Magistrate has not been certain for deriving subjective satisfaction about activities of the detenue. In the grounds of detention different types of words have been employed i.e. 'activities of the detenue are hurting the sentiments of particular community which may lead to communal clashes/disturbance of peace and tranquillity in the area'; then in Para 7 it has been recorded that 'the activities of the detenue are highly prejudicial to the security of the society/public peace/tranquillity and public order.'