MOHD. SIDIQ LONE Vs. STATE OF JK

JUDGEMENT

(1.) Petitioner has sought quashment of detention ORDER NO; 17/DMB/PSA of 2018 dtd. 22/9/2018 passed by respondents. The petitioner has stated in this petition that he is law abiding and peace loving citizen of the state and has never involved in any subversive activity which would cause prejudice to public order or security of State. That petitioner was arrested by the security forces without any justification and cause on 29/8/2018, from a marriage party where he was cook and he was taken to police station Argam and was detained there illegally. That he was enlarged on bail on 11/9/2018. That petitioner served the bail order to the concerned police station, however the he was not released but was kept detained in the police station. While being in illegal custody of P/S Argam, he was shifted to Sub Jail Hiranagar Jammu where he was detained further. That petitioner has challenged the detention order on three grounds:-

(2.) The respondents have filed their objection/counter affidavit and have stated that impugned order is not at all punitive in nature but preventive having been passed by the deponent in exercise of powers conferred by Clause (a) of Sec. 8 of J&K Public Safety Act, 1978. That the petitioner was involved in case FIR no. 15/2017, 26/2017 and 23/2018. That petitioner along with his associated have hijacked the peace and order of village and adjoining areas by trying to enforce the unlawful writ by threatening the shopkeepers and common masses in the surrounding villages.

(3.) I have considered the rival contentions of parties. The detention order reads as under:-