MOHD MAQBOOL BEIGH Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Mohd Maqbool Beigh
STATE OF JANDK
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(1.) THIS Habeas Corpus petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir has
been filed by one Khazir Mohammad Beigh S/o Abdul Gani Beigh R/o
Chatterhama Zakoora Srinagar for the release of his brother who has been
detained by the District Magistrate, Srinagar under the provisions of
Jammu and Kashmir Public Safety Act, 1978. ,
(2.) IT is alleged that the detenue was arrested on 4.1.2006 and ever since he is in the custody of the respondents. He is lodged in
Kotbalwal Jail Jammu. It is further stated that the detenue is affiliated
with a regional main stream political party having set exemplary conduct
for other politicians he has not conducted himself in any manner
unbecoming of a responsible and law abiding citizen nor has he indulged
in any act or omission made penal by the laws of the land for the time
being inforce. The petitioner further alleges that the said detenue has
been detained under the provisions of Jammu and Kashmir Public Safety Act
under Order No. DMS/PSA/80 of 2006 dated 2.2.2006 passed oy District
Magistrate Srinagar. The order of detention has been challenged on
various grounds interalia that there was absolutely no material muchless
any cogent material before the detaining authority for passing the order
impugned. It is further stated that the grounds of detention have
allegedly been passed on the material supplied by the Senior
Superintendent of Police, to the detaining authority. The petitioner
further stated that the grounds of detention are vague, omnibus, general
and have been passed on irrelevant considerations.
(3.) RESPONDENTS have in the counter filed by the District Magistrate, Srinagar stated that the activities of the detenue which are
highlighted in the grounds of detention were prejudicial to the security
of the State as such the detenue was detained under the provisions of
Public Safety Act. Respondents have further stated that the grounds of
detention are precise, proximate, pertinent and relevant and that there
is no vagueness or staleness as indicated by the petitioner.
Heard, I have considered the matter and have perused the record which was made available by the counsel appearing for the State.
The detenue Mohd. Maqbool Beigh has been detained vide order No.
DMS/PSA/80 of 2006 dated 2.2.2006 on the following grounds: - -
"Whereas, perusal of record provided by Senior Superintendent of
Police, Srinagar reveals that you are affiliated with Let, outfit
operating in the State. The outfit consists mostly of foreign terrorists
but to aid, assist and facilitates the foreign terrorists, a large
network of locals have been established and you are an important member
of the network. The aim and objective of the organisation is to secede
the State of Jammu and Kashmir from the Union of India and to annex it
with Pakistan. In order to achieve its objective the organisation has
started an armed struggle.
Whereas, in the year. 2004 you came into contact with one Khalid
Bhai R./o Pakistan. District Commander of LeT Chattterhama, Khalid Bhai
asked you to provide logisitic support to foreign terrorists operating in
the area, since you were already influenced by the secessionist ideology.
You readily agreed and thereafter Khalid Bhai alongwith one Khataba R/o
Pakistan and Javeed Bhai R o Pakistan used to come to your house
regularly. During this process Khalid Bhai motivated you to work for Let
outfit in addition for providing logistic support to foreign terrorists
in Chatterhama area. You also started to dump and transport
arms/ammunition form one place to another. You were arrested several
times for your links with terrorists. You were lastly arrested in
January, 2005 by P/S Harwan and one wirelsss set, seven RCDs and 10
detonators were recovered from your possession. In this regard case FIR
No. 11/05 u/s 7/26 Arms Act stands registered in P/S Harwan which is
under investigation. After your release you did not shun the path of
violence and continued to indulge in anti -national activities.
Whereas, in the first week of August, 2005 Khalid Bhai visited
your house and asked you that there is a pressure upon him from pro.
Hafiz Syed R/o Pakistan (Chief Commander of Let.) regarding the
assassination of the then Honble Chief Minister of J&K Mufti Mohammad
Syed. You told Khalid Bhai that Abdul Waheed Dar (Councilor of PDP) can
be of help in assassination of Honble Chief Minister. Accordingly
conspiracy the details of the attack were worked out and it was decided
that the attack would be carried out on the eve of Independence Day on
15th August, 2005 at Bakshi Stadium. In pursuance to this conspiracy on 1Oth August, 2005 Waheed Ahmad Dar and one suicider attacker Farooq Ahmad R/o Pakistan conducted the race of Bakshi Stadium and A mar Singh College
so that the attack could not be carried out on 15th of August as per
plan. However, the attack could not be carried out on 15th August, as the
vehicles meant for carrying the suicidal attackers to Bakshi Stadium
developed some mechanical problem.
Whereas, after failing to execute the conspiracy Khalid Bhai again
contacted you on phone No. 2262433 after IDD and asked you that the CM is
to be targeted at any cost. You told Khalid Bhai that Mufti Mohammad Syed
is going to lay a foundation stone of SOS children Village, Ganderbal and
it would be an opportune time and occasion to target him. Accordingly you
alongwith Abdul Waheed Dar (PDP Councilor) Waheed Dar R/o Chatterham and
Khalid Bhai hatched a conspiracy to carry out a suicidal attack on Mufti
Mohammad Syed in Ganderbal at SOS children Village, Ganderbal. Two
suicidal attackers namely Mohd. Shafi and Ishfaq Ahmad both residents of
Pakistan were selected for the purpose. However, that attack could not be
carried out on the said date because of the tight security maintained on
Whereas, the conspiracy was unearthed when you were arrested in
case FIR No. 121/05 u/s302, 307, 120 -B RFC (Suicidal attack on Peak View
Motel) for being a suspect in the said case. During the interrogation you
revealed the details of the conspiracy and accordingly case FIR No. 2/06
u/s 18CLA (P) Act, 121 -A, 120 -BRPCwas registered in P/S Maisuma which is
under investigation. During the investigation of the case FIR No. 121/05
two detonators were recovered at your instance from Chatterhama. You are
presently lodged in P/S Maisuma under proper remand in case FIR No.
121/05 at P/S Maisuma. It is clear that your activities are highly prejudicial to the
maintenance of the security of the State. Under such compelling
circumstances, it has become imperative to detain you under Public Safety
Act, 1978 for which orders are being issued separately.";
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