SHAFIQ YOUSUF BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) SHAFIQ Yousuf Bhat has been detained by District Magistrate Srinagar -respondent No. 2 on April 30, 1998 under section 8 of J&K public Safety Act under the impugned order DMS/PSA/26 dated: 30.4.98 (Annexure -A). This order is challenged by the detenue through his father on the following grounds: -

(2.) DETENUE was arrested on 13.2.1998 by the security forces in a murder case. Later he was detained under Public Safety Act. The detenue was not supplied the grounds and material referred to in such grounds. He was not even provided FIR statement recorded under 161 Cr. P. C and other material referred in the grounds. He was prevented from making an effective representation. The detaining authority has not recorded subjective satisfaction and applied her mind to the facts of this case. Despite all this the detenue made a representation on 2.5.1998 against the order of detention, which has not been so far considered by the Government. The order of detention was neither read over nor explained to him in the language which he understood.

(3.) DETAINING authority -respondent No. 2 has filed counter affidavit. It is averred that the detention of said Shafiq Yousuf Bhat has been to prevent him from acting in any manner prejudicial to the security of the State after keeping in view his activities. The detenue was arrested in FIR 10/98 under Section 302 RPC 7/27.1.A. Act registered at P/S Rajbagh Srinagar, on 17.2.1998. On apprehension of his getting released on bail, he was detained under Public Safety Act. The allegation of passing of detention order mechanically without application of mind is denied. The copy of detention and grounds there of have been supplied to the detenue The FIR or other material referred in the petition is not relied for detaining the detenue under the Public Safety Act, therefore, same has not been supplied to him.