MOHAMMAD SHAFI MAGRAY Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-36
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 13,2020

Mohammad Shafi Magray Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

SURYA PRAKASH SHARMA V. STATE OF U.P. AND OTHERS [REFERRED TO]
RAZIYA UMAR BAKSHI VS. UNION OF INDIA [REFERRED TO]
SOPHIA GULAM MOHAMMAD BHAM VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

Ali Mohammad Magrey - (1.)Through the instant petition, petitioner wife of detenu seeks quashment of detention order bearing no. 09-DMK/PSA of 2019 dated 01.03.2019, whereby the detenu namely Muhammad Shafi Magray S/o Abdul Gaffar Magray R/o Kandi Khass District Kupwara, is under detention.
(2.)In the dossier it is alleged that the detenu came into contact with the militants operating in the Kupwara area namely Mudasir Ahamd of HM outfit in the year 2006. It is alleged that the detenu became sympathizer of the said outfit organization whose aim and object is to accede the State of J&K from the Union of India. It is submitted that the detenu is a constant threat to the security of the State. It is submitted that the detenu was arrested in case FIR no. 306/2018 U/Sec. 13 ULAP Act, 7/25 A Act registered at Police Station Kupwara. Therefore, on these allegations he was slapped under Public Safety Act, 1978.
(3.)The learned counsel for the petitioner-detenu has raised primarily three issues before the court questioning the validity of the detention. The first point taken by the learned counsel for the petitioner is that the detention order was passed while the detenu was already in custody in respect of the FIR No. 306/2018. In these circumstances, it was submitted by the learned counsel for the petitioner, the detaining authority ought to have satisfied himself with the fact that there was imminent likelihood of release of the detenu in that case and that it was necessary to detain the detenu in order to prevent him from indulging in prejudicial activities. According to the learned counsel for the petitioner, there is no such satisfaction recorded in the grounds of detention. He placed reliance on the decision of the Supreme Court in the case of Surya Prakash Sharma v. State of U.P. and others: 1994 SCC (Cri) 1691 to submit that since the said satisfaction was not recorded, the detention order was vitiated.
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