NAJMUSSAQUIB Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-81
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 28,2020

Najmussaquib Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

STATE OF MAHARASHTRA VS. SANTOSH SHANKAR ACHARYA [REFERRED TO]


JUDGEMENT

Sanjeev Kumar,J. - (1.)Impugned in this petition is an order No.02/PSA/DM/DODA/2019/16-23 dated 22.05.2019 passed by the District Magistrate, Doda-respondent No.2 (for short' the detaining authority) whereby the petitioner-Najmussaquib (hereinafter referred to as 'the detenu'), who has filed this petition through his father, has been placed under preventive detention with a view to prevent him for acting in any manner prejudicial to the maintenance of public order. The order is, purportedly, issued under Jammu and Kashmir Public Safety Act, 1978 on the grounds mentioned in the grounds of detention.
(2.)The case set up by the detenu in this petition is that the petitioner is a resident of village Nawabad Chakka, Tehsil Bhaderwah, District Doda and earns his livelihood from a spare parts shop opened by him near his house and his family consisting of his wife, girl child and ailing parents is fully dependent on him. It is submitted that for unknown reasons, the Police has always been after him, looking for an opportunity to implicate him in a false and imaginary case, but, they have not been able to collect any prima-facie evidence to involve him. Having failed in their endeavour to take the detenu in custody in substantive law, the detaining authority has slapped the impugned order of detention. The impugned order of detention has been challenged by the detenu primarily on the following grounds:-
(i) That the order of detention is illegal, unfair and unconstitutional and therefore, cannot sustain;

(ii) That the order of detention is reproduction of the dossier submitted by the Police and there is no independent application of mind by the detaining authority to arrive at the satisfaction that it is necessary to put the detenu in preventive detention to prevent him from acting in any manner prejudicial to the maintenance of the public order.

(iii) That the detaining authority has not shown its awareness of the fact that the detenu despite having been booked in substantive offences in FIR No.75/2016 for the offences under Sections 120-B/124-A RPC and Section 13 of the Unlawful Activities of Prevention Act registered at Police Station, Bhaderwah, has not been arrested. The detaining authority has not indicated any compelling reason to place the detenu under detention when he could have been taken into custody in the aforesaid FIR, had there been material to prima-facie substantive the allegations contained in the aforesaid FIR.

(iv) That the order of detention is based on totally extraneous and irrelevant material and the material relied upon by the detaining authority has not been supplied to the detenu so as to enable him to make effective representation against his detention order.

(v) That the representation made by the father of the detenu against the detention has not been considered by the Government and the detenu has been continued in detention illegally and without any authority of law.

(3.)The District Magistrate, i.e, the detaining authority has filed its counter-affidavit and has justified the order of detention on the ground that the material submitted by the Senior Superintendent of Police, Doda in the shape of dossier was sufficient to arrive at satisfaction that the activities, the detenu has been indulging in, had the potential of disturbing the public order and, therefore, with a view to prevent him from doing so it was necessary to place him under detention. The detaining authority has further averred in the counter-affidavit that registration of FIR No.75/2016, FIR 168/2018, FIR No. 15/2019 and FIR 67/2019 against the detenu is clear indication of the fact that the detenu is incorrigible offender and has been constantly creating terror/fear amongst the minority community of the area and has been making inflammatory speeches mostly during Friday prayers to motivate the youth to take law in their own hands and create and disturb the public tranquillity and order. It is urged that the detention order against the detenu has been issued after complying with all the safeguards as provided under Jammu and Kashmir Public Safety Act and has the approval of the Government.
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