YOUNIS NABI NAIK Vs. STATE OF JK

JUDGEMENT

(1.) By way of the instant appeal, the appellant has assailed the judgment dated 9th May 2019 whereby the learned Single Judge has dismissed the HCP No. 43/2019. This writ petition was filed on behalf of the appellant by his father Ghulam Nabi Naik seeking quashing of detention order No. 71/DMP/PSA/18 dated 19th December 2018 passed in respect of his son Younis Nabi Naik under the provisions of the Jammu and Kashmir Public Safety Act, 1978.

(2.) There is no material dispute to the facts giving rise to the instant appeal and to the extent necessary, the same are briefly noted hereafter.

(3.) On 30th November 2018, an FIR bearing FIR No. 111/2018 was registered by Police Station Tral under Section 120-B Ranbir Penal Code Svt. 1989 (1932 A.D.) (RPC hereafter) and Section 5 of the Explosive Substances Act, 1908 on the allegations that on 30th November 2018, the appellant Younis Nabi Naik along-with accomplices Riyaz Ahmad Ganaie, Fayaz Ahmad Wani and Bilal Ahmad Rather were travelling in suspicious circumstances from Pinglish to Hafoo. On reaching towards a Naka/check point erected by the Police and CRPF 180 Bn. they attempted to escape from the said check point, but were unsuccessful. Upon search, these persons were found in possession of illegally acquired explosive material resembling to a homemade Hand Grenade regarding which the said case was registered. These four persons were apprehended in the case and remain lodged in police custody pursuant to orders of remand passed by the court of competent jurisdiction. The police alleged that they were having affiliation with the banned terrorist organization Hizbul Mujahideen. During the course of investigation, involvement of seven other persons, namely, Waseem Ahmad Malla, Ghulam Nabi Sheikh, Irshad Ahmad Bhat, Muzaffar Ahmad Bhat, Mohammad Yousuf Wani, Mohammad Yousuf Chopan and Mudasir Ahmad Khan were found who were also arrayed as accused in the case.