TASHI RABSTAN Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Orders of detention passed against S. Shri Thupstan Chewang, Rigzin Yaksha, Tashi Choosgial, Tsering Lorjey alias Jugnoo, Sonam, Anchok, Nawang Chosghil, Wangial Pupchok and Thufstan Dawa under the J. & K. Public Safety Act, 1978 have been challenged in these petitions. The orders are alleged to be liable to be set aside on the grounds of having been passed in a mechanical manner, the grounds of detention are vague and ambiguous, the grounds of detention even if admitted do not make a case of maintenance of public order justifying detention, the detention orders have been passed in colourable exercise of the powers of the respondents and misuse of the authority of the Government with a view to allegedly suppress peaceful non-violent agitation of Ladakhies. Section 13 of the J. & K. P.S. Act is alleged to have been violated inasmuch as the grounds of detention were not supplied to the detenues within the time specified under law and that the petitioners have been denied the opportunity of making effective representation against the order of detention.

(2.) Narrating the facts and circumstances leading to the filing of the present petition it is submitted that the detenues are residents of Ladakh and belong to Budhist religion. It is alleged that the State Government has been adopting an attitude of discrimination deliberately and purposely against Ladakh Region forcing them to strive for redressal of their legitimate and genuine grievances. It is submitted that the Ladakhies have resorted to all, legitimate and peaceful means to bring the attention of the State as well as Central Government about the problems being faced by them but their grievances were never redressed. They have been carrying on peaceful and nonviolent struggle to achieve justice, equity and fairplay but without any success. It is submitted that Ladakhi Budhists recently again started a peaceful, non-violent agitation in keeping with letter and spirit of the Constitution and following principles of Mahatma Gandhi adopted the peaceful methods for the achievement of their, demands. In view of the alleged discrimination meted out to them, they have resolved to struggle for creation of Ladakh Region as a Union Territory within the Union of India and parameters of the Constitution with the purpose to ensure that the discriminatory policies of the State of J. & K. are put to an end. It is alleged that the peaceful agitation of the Ladakhies was resolved to be suppressed by the State Government and its functionaries in furtherance of which respondent No.2 passed the, detention orders against the detenues referred to hereinabove which include Sh. Thupstan Chewang President of Ladakhi Budhist Association.

(3.) In response to a quary made by the Court an affidavit has been filed in support of the writ petitions stating that all Ladakhi Budhists were firm believers and practitioners of total and absolute secularism arid do not harbour any ill-will or malice against either Sunni Muslims or any other community, It is further, stated on oath that the Budhists have been engaged in a peaceful non-violent agitation to achieve their rights and have never indulged in any act of communalism whatsoever. The detenues are claimed to have the greatest respect to all faiths and religious and have further declared that they would not do nor have ever done any act to hurt any religions feelings of any community or an individual. The struggle launched by the Ladakhies is stated to be against the policies of the State Government and not against any community or any individual.