AASHIQ HUSSAIN NARCHOR Vs. STATE OF J&K

JUDGEMENT

(1.) Order No.21/DMA/PSA/DET/2017 dtd. 25/10/2017, passed by respondent No.2 for detaining the petitioner, has been called in question in terms of the instant petition on the following grounds:

(2.) In the counter filed respondent No.2, it is being stated that the petitioner is involved in number of cases registered in Police Station, Anantnag, regarding which challans have been produced before different Courts. The petitioner is Hurriyat ideologist and was detained under Public Safety Act. On receipt of detention warrant/order for execution, the petitioner, on its knowledge, absconded and evaded his arrest by playing hide and seek policy, as a result whereof, respondents were not in a position to execute the warrant/order. Petitioner is a law violator and is a chronic separatist ideologist and is promoting enmity and hatred in the society. Petitioner is instigating the youth of the District Anantnag by way of stone pelting and strikes. Petitioner was recommended to be detained under Public Safety Act as the normal law was not sufficient to deter him from illegal and unlawful activities. The petitioner is an active anti-national element. In support of the stand taken in the counter affidavit, reliance has been placed on the judgments of the Hon'ble Apex Court in "Deepak Bajaj v. State of Maharashtra and anr" (AIR 2009 SC 628) and

(3.) In para 5 (b) of the writ petition, as highlighted by the learned counsel for the petitioner, it is averred that order of detention has to be approved within a period of twelve days from the date of passing of the order of detention and beyond said period, order cannot be executed and since more than twelve days have already elapsed from the date of its passing, same having not been approved, cannot be executed now.