ZAHID AHMAD NALLA Vs. STATE OF J&K

JUDGEMENT

(1.) In pursuance to order No.40/DMA/PSA/DET/2018 dated 23.07.2018, Zahid Ahmad Nalla (hereinafter referred to as the detenue), has been taken into preventive custody by invoking powers under Section 8 of the J &K Public Safety Act as his activities were found to be prejudicial to the "security of the State" so has been lodged in District Jail, Kathua. By the instant petition quashment of the said order is sought on the grounds enumerated in the petition.

(2.) It is the contention of learned counsel for the petitioner that there has been total non-application of mind on the part of detaining authority while passing the impugned detention order as in the impugned order of detention it is recorded that the District Magistrate was satisfied to prevent the detenue from acting in any manner prejudicial to the "security of the State" but in the grounds of detention it is recorded that the activities of the detenue are highly prejudicial to the "maintenance of public order".

(3.) On perusal of the record, it appears that the submission carries weight. The District Magistrate has not been himself certain as to whether activities of the detenue are prejudicial to the "security of the State" or "maintenance of public order" because in grounds of detention finally he has concluded that his activities are prejudicial to the "maintenance of public order", therefore, he is required to be deterred from unlawful activities whereas in the order of detention he has recorded that his activities are prejudicial to the "security of the State". The said position suggests that the detaining authority has not applied its mind while passing the order of detention. It shall be quite apposite to quote para 9 of the judgment "G.M. Shah v. State of J &K", reported in (1980) 1 SCC 132: