Decided on December 22,2006

NOOR MOHD Appellant
STATE OF JANDK Respondents


- (1.) NOOR Mohd., petitioner has filed this Habeas Corpus Petition to seek quashing of detention order No.PSA -2006/6 dated 14 -09 -06 of District Magistrate, Udhampur saying that there was no material with the District Magistrate on the basis whereof, the petitioner could be validly detained under section 8 of J&K Public Safety Act, 1978. Omission of the District Magistrate to reflect the material on the basis whereof he had recorded his satisfaction to exercise power under section 8 of J&K Public Safety Act too has been urged as a ground by the petitioner to say that this omission had deprived him of his constitutional right to make an effective representation against his detention.
(2.) RESPONDENTS though afforded opportunity to file their reply to this petition, have opted not to file any counter affidavit. They have, however, produced the detention records through Sh. B.S.Salathia Additional Advocate General, their counsel.
(3.) I have considered the submissions of learned counsel for the parties and perused the detention records. Petitioners detention has been ordered by the District Magistrate, Udhampur on grounds which read thus: - "Grounds of detention in respect of Sh.Noor Mohd. @ Noora S/o Umar Din Sheikh Caste Muslim R/o Village Kadwa, Basantgarh Tehsil Ramnagar District Udhampur. Whereas, you being a hardcore and dangerous activist of HM terrorist outfit and are deeply involved in the terrorist activities and support the terror campaign of HM terrorist outfit in Ramnagar and Basantgarh areas of District Udhampur; Whereas, you apart from being an active upper ground activist of terrorist outfit acts as a courier and are deeply involved in providing food and shelter to the militants and act as a guide and informed regarding movement/presence of security forces. You also act as a guide to the armed militants who infiltrate from across the border to this side and extend all required help to them for accomplishment of their terrorist acts. Your activities are highly pre -judicial to the security of the State; Whereas, during the year, 1996, militant namely Gul Mohd (Brother -in -law of Noor Mohd @ Noora) alongwith Ab.Qayoom, Mushtaq and other militants of HM outfit visited your house and you provided meals and shelter to them. Whereas, in the month of August, 2004, militants of HM outfits namely Gul Mohd., Nadeem and Razak visited his house and Gul Mohd. Handed over a plastic container containing one wireless set and one grenade to him for keeping it in safe custody and he kept the items in his custody. Whereas, in the month of November, 2004, militant of HM outfit namely Gul Mohd and Nadeem Hussain handed over AK -47 Rifle alongwith loaded magazine to him for keeping it in safe custody at the same place where already ammunition was hidden and he kept all the items including the AK -47 Rifle in his safe custody illegally. Whereas, in the month of February, 2005, Noor Mohd @ Noora was arrested by the police and on his instance, one wireless set and one hand grenade was recovered from a pit which he had dug near his house. On this case FIR No: 3/2005 U/S 120 -B/121/122/124 -A RPC, 7/25/26/27 Arms Act stands registered in Police Station Basantgarh. Whereas, in view of the above, I am satisfied that your activities are anti -national, subversive and prejudicial to the security of the state. Therefore, you are detained in the Kot Balwal Jail, Jammu for a period of two years under the provisions of Public Safety Act, 1978." ;

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