KHURSHID AHMAD MIR Vs. STATE AND ORS.

JUDGEMENT

(1.) The detenue - Khursheed Ahmad Mir, was detained vide order No. 01/DMB/PSA/2018 dated 07-04-2018 passed by District Magistrate, Baramulla, in exercise of powers vested in him under clause (a) of section (8) of the Jammu& Kashmir Public Safety Act, 1978 (for short Act of 1978) and he was ordered to be kept in Central Jail Kotbhalwal, Jammu. The detenue continues to be there at the moment. The grounds of detention, along with the allied documents, are said to have been served on the detenue and the contents thereof, as contended, have been read over and explained to him.

(2.) The order of detention has been challenged on the grounds, inter alia, that the detenue could not have been detained under the provisions of PSA when he was already in the custody of the respondents in connection with a case bearing F.I.R No. 64/2018 for the offence punishable under section 13 of Unlawful Activities Act (ULA), registered in Police Station, Sopore. It is also contended that the detenue has been deprived of the right to file an effective representation against the order of his detention, as the relevant material, relied upon by the Detaining Authority while passing the impugned order of detention, in the form of the dossier, copy of the FIR, statement recorded under section 161 Cr.PC, communication received from the SP, Baramulla, etc., have not been furnished to him.

(3.) In the counter affidavit, the respondents have pleaded that the order of detention has been passed after taking into consideration the relevant provisions of J& K Public Safety Act. 1978 (JKPSA). The grounds of detention have been conveyed to the detenue and same have been read over and explained to him. Therefore, the order of detention does not suffer from any vice. It has been passed with due diligence and it will sustain in the eyes of the law. The arguments of the learned counsel for the respondents are in tune and in line with the pleadings of the respondents.