ABDUL HAI LONE Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS Court vide its order dated 15.10.2009 quashed the detention order No. 72 -DMS/PSA/2009 dated 30.6.2009 passed by the District Magistrate, Shopian of detenu namely, Abdul Hai Lone S/o Abdul Aziz lone R/o Village Kachdoora, Shopian and directed to release him forthwith unless he is not required in any other case was to be followed by reasoned order.

(2.) THE grounds of detention reveal that detenue is an associate of Molvi Tariq Amin Shah who is a coordinator, close associate of J & K Hurriyat Conference. It is stated that in view of ongoing agitation in District Shopian, he has arranged anti -National protests, demonstrations and disturbing the tranquility and peace throughout the jurisdiction of district Shopian. He along with his associates instigate the General public especially youth of the area to carry out demonstrations against the Government and also resort to stone pelting upon the Government establishments, vehicular traffic and erect blockades on the main roads to restrict the traffic movement. It further reveals that on 30.5.2009 a violent mob headed by accused pelted stones upon the District hospital Shopian and damaged the equipments of said hospital and also inflicted injuries upon the police personnel for which case FIR No. 102/2009 under Section 148, 451, 336, 427, 353, 332/PRC stands registered in police Station, Shopian. On 01.06.2009, a violent mob led by him assembled in Shopian and raised Anti -National and pro -freedom slogans. The said mob turned violent and pelted stones upon the Fire Station Shopian, due to which huge damage has been caused to the said Fire Station against case FIR No. 105/2009 under Section 247, 248, 336, 451, 427 RPC stands registered in police Station Shopian. In addition to the above, he has given unlawful directions to his associates in particular and public in general and usually emphasizes upon the people to continue the struggle against the unity and integrity of the State established by law. It is, in these circumstances that the respondents have detained the detenue under Section 8 of the J & K Public Safety Act, 1978.

(3.) REPLY has been filed by the State -respondent. The stand of the respondents is that detenue has been indulging in the activities, which are prejudicial to the security of the State. The grounds of detention of the petitioner are unambiguous and same is reflected from the fact that detenu has been involved in the activities, which are prejudicial to the maintenance of security of State. All the aspects have been considered by the detaining authority while detaining the detenu under the provisions of PSA. It is further stated that non -supply of the material though having a passing reference in the grounds of detention in no way makes an order of detention as invalid in view of law laid down by the Hon'ble Apex Court in case reported in : AIR 1991 SC 1640.