HAKIM GHULAM HASSAN Vs. STATE OF J AND K

JUDGEMENT

(1.) In this writ of habeas corpus the detention order No.PSA/DMS/1/87 dated 4-4-1987 passed by the District Magistrate, Srinagar, detaining Mohammad Yusuf Shah S/o Ghulam Rasool Shah r/o Soibugh, Budgam Kashmir, under S.8 of the Jammu and Kashmir Public Safety Act (hereinafter referred to as "Act") has been challenged on many grounds, details whereof are given in the petition.

(2.) Firstly, it would be advantageous to reproduce the grounds of detention, as below, for the sake of reference : "OFFICE OF THE DISTRICT MAGISTRATE SRINAGAR" To, Shri Mohammad Yousuf Shah s/o Ghulam Rasool Shah, R/o Soibugh-Badgam Kashmir. Sub. :- Grounds of detention. There is a report against you that you and your party of which you are Nazim-e-Allah (shoba Tulba) a youth wing of the Jamati-Islamia) is habitual to challenge openly the accession of Jammu and Kashmir with Union of India and also engaged to exploit stray incidents for the purpose of creating serious communal disharmony. In the 'Dargahs and Ijtimaha' managed and controlled by your party under your leadership you are organizing Muslim students militant force by imparting them necessary training and guidance thereby endangering peaceful atmosphere of the State. It is further reported that you have decided to collect arms and ammunition for disturbing peace in the State, and send the Muslim Youths of Kashmir accross the border to receive training for handling of the arms and to create communal disharmony and to prove your party to compel the minority community to leave the State. The following are some references in this behalf : -

(3.) The order of detention has been assailed inter alia on the following grounds:-