PEER ASIF IQBAL SHAH Vs. STATE
LAWS(J&K)-2006-11-34
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 10,2006

Peer Asif Iqbal Shah Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) PEER Asif Iqbal Shah alias Jana has questioned order No. Det/PSA/06/294 dated 10.06.2006 of District Magistrate, Baramulla, whereby he was detained in preventive custody for the second time when his earlier detention was quashed by the Court in HCP No. 126/2005 on 7.2.2006.
(2.) DISTRICT Magistrate, Baramulla detained the petitioner in preventive custody on grounds which read thus: - "You namely Sh. Peer Asif Iqbal Shah @ Jana S/o Peer Gayas -ud -din Shah R/o Khawajabagh District Baramulla were apprehended on 11.03.2005 in case of FIR No. 06/05 u/s 3 OSA O.3 SOSA, 120 -B RPC, 03 EGA, P/SCIK and subsequently detained under the provisions of J&K PSA vide DM Baramullas order No. 209 of 2005 dated 17.3.2005, which order was subsequently quashed by the Honble High Court of J&K Srinagar. After quashment of detention order you are again arrested in case FIR No. 06/2005, u/s 03 OSA, 03 SOSA, 120 -B RPC, 03 EOA, P/S CIK and are presently lodged in judicial custody at Central Jail Srinagar. You namely Sh. Peer Asif Iqbal Shah @ Jana S/o Peer Gayas -ud -din Shah R/o Khawajabagh District Baramulla you instigates and briefs the associate of HM out fit, other under trails, friends and relatives who used to visit you on MULAQAT DAYS to convey your messages to high ranking militants and UG Ws of your militant outfit, not to shun the path of militancy, continue the armed struggle in order to carry out the so called JEHAD to its logical end. You namely Sh. Peer Asif Iqbal Shah @ Jana S/o Peer Gayas -ud -din Shah R/o Khawajabagh District Baramulla are engaged in seeking secession of the State of J&K from the Union of India by creating chaotic conditions in the valley. You are highly motivated fanatic Muslim and have been found indulging in pro -islamic propaganda by preaching the ideologies of your out fit by way of giving sermons to the detenues lodged in central jail Srinagar to be ready for any sacrifice for merger of J&K State with Pakistan. You carried out your nefarious activities in such a manner that it could not be detected by the Jail inmates, as such your activities are prejudicial to the security of the State. It is manifest from the above facts that your activities are highly prejudicial to the security of the State. Hence you are hereby detained under the provisions of J&K Public Safety Act, 1978, and you have a right of representation against the said order."
(3.) PERUSAL of the grounds of detention extracted hereinabove indicates that the petitioner was found to have instigated and briefed the associates of HM militant outfit, other under trails, friends and relatives, who used to visit him on 'Mulaqat days to convey his messages to high ranking militants and underground workers of his militant outfit not to shun the path of militancy and to continue the armed struggle in order to carry out the so called 'Jihad to its logical end. This ground of detention, is vague be sides being ambiguous to furnish such material to the detenue on the basis whereof an effective representation in exercise of his constitutional right under Article 22(5) of the Constitution of India could be contemplated.;


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