ZUBAIR MOHI Vs. STATE OF JK AND ORS.

JUDGEMENT

(1.) By the dint of the order bearing No. 100/DMB/PSA/2017 dated 9th of September, 2017, passed by the Respondent No. 2/District Magistrate, Baramulla, in exercise of the powers conferred in him under clause (a) of Section 8 of the J&K Public Safety Act, 1978 (for short "The Act of 1978"), one Zubair Mohi-ud-Din Sheikh @ JANNA S/o Ghulam Mohi-ud-Din Sheikh R/o Fatehgarh, Sheeri, District Baramulla, has been detained and lodged in District Jail, Kathua.

(2.) The detenue has challenged the said order of detention, chiefly, on the grounds that the detaining authority has failed to apply its mind to the fact whether the preventive detention of the detenue was imperative, notwithstanding his custody in a substantive offence. The detenue had filed a bail application in case FIR No. 54/2016 registered at Police Station, Sheeri, which was allowed by the Court of Judicial Magistrate 1st Class (Munsiff), Baramulla. To this, it has been added, that the Respondent No. 2 has passed the order of detention on the dictates of the sponsoring agency, i.e. the Officer who has prepared the police dossier and no attempt has been made by the Respondent No. 2 to scan and evaluate it before passing the order of detention.

(3.) Counter has been filed by the Respondents, wherein it is stated that the detaining authority has complied with the requirement of Clause 5 of Article 22 read with Article 21 of the Constitution of India. The detenue has failed to avail the remedy prescribed under the Act. He has not filed the representation against the order of detention. It has also been stated that the detenue is involved in FIR No. 54/2016 registered in Police Station, Sheeri, for the commission of offences under Sections 147, 148, 149, 307, 188, 336, 332 RPC. In the end, it has been urged that since the order of detention has been passed on justifiable grounds, therefore, the instant Habeas Corpus petition merits dismissal, and it may, accordingly, be dismissed.