SAMEER AHMAD BABA Vs. STATE OF J & K
LAWS(J&K)-1993-10-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 06,1993

Sameer Ahmad Baba Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

Z.A.QURESHI,J. - (1.)BY this petition, the detention of one Sameer Ahmed Baba S/o Mohd. Shaft Baba R/o Kukarbazar, Srinagar is being challenged by his father Mohd. Shafi Baba.
(2.)THE petitioner has been admitted to hearing as far back as on 14.12.1992 and notices were issued to respondents. In response to the notices, they appeared and filed the counter affidavit which is on the file.
The petitioner has averred in the petition that the detenue was arrested by the security forces and was subsequently detained under the provisions of Public Safety Act.

(3.)IN the grounds of detention, it is alleged that the detenue is a local trained militant of Hizbul Mujahideen organization and has links with top militants of said organization. The detenue took three arms actions with the security forces with the intention to support the militants of said organization who are engaged in seeking the secessions of State from the Union of India for so -called liberation of valley. The grounds further reveal that in the year 1991, the detenue was motivated by one Abdul Rashid Mugloo, Chief Area Commander of said organization and was imparted training in handling of arms end lobbing of hand grenades in the hide -out place located in abdoned house of one Surjeet Singh in Lalchowk area. The grounds of detention further reveal that the detenue was booked in E.I.R. No: 14 of 1991 registered by police station C.I.K. Srinagar under section 3/4 TADA (P) Act etc. etc. and it was apprehended by the detaining authority that in case the detenue was released on bail in the above referred F.I.R, he shall prove a security hazard. Thus keeping in view the activities as spelt out in the grounds of detention, the detenue has been detained under the provisions of Public Safety Act.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.