MOHAMMAD LATIEF DAR Vs. STATE AND ORS

JUDGEMENT

(1.) Through the medium of this Heabus Corpus petition, petitioner-detenu seeks quashment of the detention order no. 134/DMS/PSA/2018 dated 06.09.2018, purporting to have been passed by District Magistrate Shopian, whereunder detenu namely Mohammad Lateef Dar s/o Abdul Gani Dar R/o Zawoora, Dar Mohalla Tehsil & District Shopian, is under detention.

(2.) Grounds pleaded in support of prayer are that after having been quashed the earlier detention order nos. 67/DMB/PSA/2016; 95/DMS/PSA and 119/DMS/PSA/2018, the detenu was detained for the 4 th time in terms of the detention order impugned in this petition on one and the same grounds reflected in the grounds of detention, wherein it is submitted that his further detention was necessary to prevent him from indulging in the activities highly prejudicial to peace, stability, tranquility and public order, accordingly while in police custody he was ordered to be detained in preventive custody vide impugned detention order passed by District Magistrate, Shopian. During arguments the counsel has further elucidated the contents of petition with reference to annexures placed on record, and contended that neither the detention in question was legal nor were grounds thereof duly communicated to the detenu even though quite vague and unfounded.

(3.) In his counter affidavit, respondent no.2 has stated that the detenu's activities being highly prejudicial to peace, stability, tranquility and public order, his further detention was necessary to prevent him from indulging in such acts, which was also approved by the Government and the State Advisory Board constituted u/s 14 of P.S. Act. During course of his submissions the respondents counsel besides reiterating the contents of counter affidavit has contended that in circumstances of the case the impugned detention is well founded in fact and law.