IRSHAD AHMAD DAR Vs. STATE

JUDGEMENT

(1.) Through the medium of instant Habeas Corpus Petition, detenue--Irshad Ahmad Dar seeks quashment of detention order No. 05/DMA/PSA/DET/2013 dated 20.06.2013 which has been slapped upon him by District Magistrate Anantnag invoking powers under Section 8 of the Jammu and Kashmir Public Safety Act as his activities were found to be prejudicial to the "security of the State" and "maintenance of public order". The detenue stands lodged in Central Jail Kote-Bhalwal, Jammu. Respondents have filed objections resisting the petition on the ground that in view of the activities of the detenue, the impugned detention order was passed on application of mind and the required material was furnished to detenue for making an effective representation.

(2.) Learned counsel for petitioner contended that in the impugned order of detention, it is recorded that the District Magistrate was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the "security of the State" and "maintenance of public order", it was necessary to detain him under the provisions of the Jammu and Kashmir Public Safety Act, 1978. The grounds of detention are concluded as follows;

(3.) Adverting to the Record, it appears that the District Magistrate is not certain whether the alleged activities of the detenue posed threat to the "security of the State" or to "maintenance of public order". This suggests non-application of mind while passing the order of detention. Learned counsel for petitioner has placed reliance upon the judgment of Hon'ble Apex Court rendered in "G.M. Shah v. State of J&K, 1980 1 SCC 132" . It reads;