Decided on July 31,2006

STATE OF JANDK Respondents


- (1.) SHABIR Ahmad Mir has approached this Court for quashing Order No.DMS/PSA/118/05 dated 17.03.2006 directing his detention under Section 8 of the J&K Public Safety Act, 1978. His detention is founded on the grounds of detention, which read thus: - "Whereas, perusal of record provided by Superintendent of Police, Ganderbal reveals that you are an anti -national element/supporter and sympathizer of various militant outfits operating in valley. The aim and object of these outfits is to liberate the State of Jammu and Kashmir from the Union of India and is annexation with Pakistan by waging war against the lawfully established Government. Whereas, in the year 2004 you got contacted with LeT outfit and were motivated to join the outfit work for them as OGW. You thereafter remained active as a member of LeT outfit. Whereas, on 18 - 01 -2006 troops of police component, Ganderbal and 24 RR on a specific information conducted search operation in village Kachnambal and the following arms and ammunition were recovered near your house. 01. Chinese pistol 01 No. 02. Chinese pistol Rds. 04Nos. In this connection case FIR No. 12/06 u/s 7/25 A. Act of P/S Kangan stands registered against you. Whereas, on 23 -01 -2006 specific information was received by Police Component Ganderbal to the effect that the militants are going to conduct a meeting with regard to carrying out attacks on security forces with a view to disrupt forth coming Republic Day. A search operation alongwith 244 RR was carried out in the area of Kachnambal. During search operation militants while seeing the searching party tried to escape taking the advantage of hilly area/heavy snowfall. Searching party chased the militants and apprehended you alongwith Abdul Hamid Bhat S/O Abdul Jabbar R/O Kachnambal and recovered the following arms/ammunition from your possession. 01. Hand grenade 01 No. 02. IED 01 No. In this regard case FIR No. 14/06 u/s 7/25 Arms Act stands registered in P/S Kangan against you and Abdul Hamid Bhat. It is clear that your activities are highly prejudicial to the maintenance of 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."
(2.) LEARNED counsel for the parties while making submissions have reiterated the grounds urged by their respective clients in their pleadings.
(3.) I have considered me submissions of learned counsel for the parties and perused the detention records produced by learned State counsel. The detenue was in judicial custody in F.I.R. No. 14/2006 registered under Section 7/25 Arms Act in Police Station, Kangan, when detention order of 17.03.2006 was served upon him.;

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