JAHANGIR AHMED TANTRY Vs. STATE OF J&K

JUDGEMENT

(1.) LEGALITY of the detention order No.04/DMK/PSA/08 dated 02.08.2008 passed by respondent N0. 2, District Magistrate, Kulgam is under challenge.

(2.) THE detenue namely Jahangir Ahmed Tantry S/o Gh. Mohammad Tantry R/o Shirpora Tehsil and District Kulgam has been arrested by the security forces on 19.07.2008 in connection with a criminal case registered against him as FIR No. 51/2006 for commission of offence punishable under sections 307, 397, 120 -B 212, 326 RPC, 7/27 of Indian Arms Act and 36 Police Act in Police Station, Zainpora.

(3.) THE order of detention suffers from non application of mind as in the grounds of detention, it is mentioned that the detenue was earlier detained vide detention Order No. DET/PSA/06/81 dated 26.10.2006 passed by District Magistrate, Anantnag. On the quashment of the detention order detenue was released through Police Station, Yaripora but with the object of keeping vigil on the future activities name of the detenue had been entered in the Register No. 10 B (Surveillance of Bad Characters) of Police Station Yaripora in pursuance to order No. 347/2007 dated 16.07.2007 of S.P. Kulgam. After release the detenue is said to have flouted directions/conditions prescribed and left the home to join Darul -Aloom at Pinjoora, Shopian without getting proper permission from the Police Station, Yaripora. The ground as projected in the grounds of detention is belied as on behalf of the detenue un -rebutted photo -copy of the attendance as well as permission order placed on record show that the detaining authority has not furnished the entire material or otherwise detaining authority has not applied its mind while passing the order of detention. The detenue has been attending the Police Station, Yaripora as is clear from the attendance notes issued by the Police Station, Yaripora which show that the detenue has attended the Police Station, Yaripora on 30.05.2007, 03.06.2007, 10.06.2007, 17.06.2007, 24.06.2007, 01.07.2007, 08.07.2007, 14.07.2007, 23.07.2007, 28.07.2008, 05.08.2007, 12.08.2007, 19.08.2007, 26.08.2007, 02.09.2007, 09.09.2007, 16.09.2007, 23.09.2007, 21.10.2007, 04.11.2007, 19.11.2007, 04.12.2007, 16.12.2007, 29.12.2007, 13.01.2008, 27.01.2008, 21.02.2008, 15.03.2008, 28.04.2008, 27.05.2008 & 17.07.2008.