ABDUL AZIZ DAR Vs. STATE OF J AND K

JUDGEMENT

(1.) This Habeas Corpus petition has been filed by Mr. Mohi-ud-din Dar who is the uncle of the detenu namely, Ab. Aziz Dar son of Mohammad Sidiq Dar resident of Saidakadal, Srinagar. In pursuance of order No. Div. Commr / PSA / SGR / 1 dated 30.12.1999, the Divisional Commissioner, Kashmir detained the said Abdul Aziz Dar under section 8 of the J&K Public Safety Act, 1978 (hereinafter to be referred to as the "Act"). The copy of the order which has been served upon the detenue does not disclose the period of detention. The record of his detention in original recites the period of detention for two years. The place of lodgement is District Jail Udhampur is another additional in that order.

(2.) The grounds which are the basis for passing the impugned order are that detenu is a hard-core militant of fundamentalist secessionist organisation known as "Hizbul Mujhadeen". The aims and objects of the organisation are to cause terror amongst the people by resorting to acts of violence in order to achieve the goal of liberation of the Sate of Jammu and Kashmir from Union of India and its accession with Pakistan. The detenu used to deliver sermons to motivate the youths of Kashmir valley to join arms struggle in order to achieve the above stated goals. FIR No. 168 / 87 was registered against him in Police Station Safakadal, Srinagar for the commission of offences under sections 307, 436, 295, 422, 296, 336, 153 - A RPC. After the completion of the investigation he has been facing trial in the Addl. Designated Court under TADA (P) Act in Srinagar. He is lodged in judicial lock-up at Srinagar.

(3.) That while remaining in judicial lock-up he did not stop his subversive activities. In the month of January, 1999 he held meetings in Central Jail, Srinagar with the detenues who are lodged there. The names of those detenues are given and they number fifteen. He master-minds militant activities outside the Jail by passing messages to militant out-fits through various people who come to meet him. These messages are state to have been conveyed to the following six associates :