ISHFAQ AHMAD RATHER Vs. STATE OF J&K

JUDGEMENT

(1.) DETENU Ishfaq Ahmad Rather was arrested by the police station Rainawari on 13 -7 -1998 as arms and ammunition were recovered from his possession. Case as FIR No. 76 of 1998 under section 7/25 Indian Arms Act was thereon registered against him.

(2.) WHILE he was in custody, the District Magistrate, Srinagar directed vide the impugned order No. DMS/PSA/95 dated 11 -9 -1998 his preventive detention for a period of ten months. The impugned order states that preventive detention is necessitated to prevent the detenu from acting in any manner prejudicial to the security of the State. The grounds of detention recite that being a local trained militant of banned organization, Hizbul Mujahideen, the detenu got motivated to join the militancy and acquired training in handling of arms and ammunition. He was there -after provided a gun and designated as a Platoon Commander. The grounds of detention go to show that the detenu took part in June, 1996 in an action on BSF picket at Braripora, but got arrested so as to prevent him from committing any illegal militant activity. He was released, but he rejoined the militant out fit, where -after he was again arrested on 13 -7 -1998.

(3.) THE order of detention is challenged on the grounds;