FAHMEEDA Vs. STATE AND ORS.

JUDGEMENT

(1.) In terms of order no. DMS/PSA/18/2009 dated 11.06.2009, the petitioner has been detained under the provisions of Jammu and Kashmir Public Safety Act and has been lodged in District Jail, Jammu. The detention order reveals that she is affiliated with Dukhtarian-i-Milat, a women secessionist organization, which advocates the merger of State of Jammu and Kashmir from Union of India and to annex it with Pakistan. Influenced by the secessionist ideology and being a member of the movement, she has been indulging in activities, which are prejudicial to the security of the State. The said organization has engaged itself in illegal activities like throwing of acid upon women for implementing their own Islamic code. It reveals that during the land row agitation in the year 2008, the detenu was found instigating the general public in resorting to violence and instigated the women to participate in the illegal agitation.

(2.) It is further revealed from the detention order that on 31.5.2009, violent protests were organized at the behest of said organization, of which detenue was also a part. The said organization gave a call for women to assemble in Iddgah on 07.06.2009, which resulted in enforcing shutdown in the area and disrupting the traffic. The object of the organization is to resort to agitations in order to highlight the Kashmir issue and to press for the demand of secession of State of J&K from Union of India. Being part of the said organization, the detenu is stated to have played a vital role. It is in these circumstances that the respondents have detained the detenue under the J&K Public Safety Act, 1978.

(3.) Mr. Qayoom, appearing for the petitioner has questioned the order of detention on the following grounds: