ABDUL GANI RATHER Vs. STATE AND ORS.

JUDGEMENT

(1.) The detenue - Abdul Gani Rather, has been detained vide order No. 15/DMA/PSA/DET/2017 dated 13-09-2017, passed by District Magistrate, Anantnag, 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), and was ordered to be lodged in District Jail Kathua, Jammu.

(2.) It is pleaded in the petition that the detenue was earlier arrested by the security forces in the month of August, 2017 and was taken to police station Bijbehara, and implicated in a case bearing F.I.R No. 202/2016, under section 307, 147, 148, 149, 152 RPC. It is further pleaded in the petition that the detenue was granted bail in the said FIR by the competent Court of jurisdiction. However, he was not released by the police authorities of police station, Bijbehara. Learned counsel for the petitioner further stated that it was from the police station, Bijbehara, that the detenue was shifted to District Jail Kathua, Jammu, 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 District jail, Kathua, at the moment.

(3.) The respondents have stated 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 detention. The arguments have also been advanced on similar lines.