ISHFAQ SHAFI KANNA Vs. STATE OF J&K

JUDGEMENT

(1.) Impugned in this petition is Order No.87/DMB/PSA/2017 dated 21.08.2017, of District Magistrate, Baramulla (for short), placing one Ishfaq Shafi Kanna son of Late Mohammad Shafi Kanna resident of Jamia Qadeem Sopore District Baramulla (for brevity "detenu") under preventive detention to prevent him from acting in any manner prejudicial to the maintenance of security of the State.

(2.) The case set up in the petition is that the detenu has falsely been implicated in case FIR no.86/2017. It is averred that the detenu left for evening prayers on 07.08.2017, but he did not return and after family members made a thorough search without any success, they on 09.08.2017 filed a missing report in Police Station Tarzoo. After the report was filed, next day i.e. on 10.08.2017, the police circulated a video on internet that they have arrested a boy and have recovered arms and ammunition from him and levelled various allegations against him. However, the family on next day received a call from someone from the court of the Judicial Magistrate 1st Class, Sopore. Upon reaching the court, they saw the detenu in police custody. The detenu, it is next contended, was implicated in case FIR no.86/2017 and while being in the custody in aforementioned case, the detenu was shifted to District Jail Udhampur, Jammu, to be detained to preventive custody in terms of the impugned detention order.

(3.) Counter affidavit has been filed by respondents, contesting the petition vehemently.