HCP/47/2011 of NAZIR AHMAD Vs STATE TH.DISTT.MAGISTRATE,KATHUA AND ANR on 1 December 2011

HIGH COURT OF JAMMU AND KASHMIR AT JAMMUHC(W) No. 47/2011

Date of Decision: 01.12.2011Nazir AnmadVs. |State & anr..

Coram

Nazir Anmaas detention In preventive custody|ordered vide District Magistrate, Kathuas order No.PSA//6 dated 27.06.2011 is questioned by the detenueby this Petition filed througn Nawab Din, his father.

Perused tne Detention records made available by|the learned State counsel.

Learned District Magistrate, Katnua nas directed|Nazir Ahmad's detention to prevent trom indulging incriminal activities wnich are considered prejudicial anddetrimental to the maintenance of public order. Thedetenue is indicated a habitual smuggler of bovineanimals and the detention order is founded on his.activities of 7.06.2008, 24.02.2008 & 11.05.2009 wherehe is stated to have indulged in smuggling of bovineanimals.

The grounds of detention do not Indicate anything about petitioners activities after his’ lastobjectionable activity of May 11, 2009 when case FIR

No. 63/2009 was registered against him at Policeotation Rajbagh under Section 188 RPC. —

Tne District Magistrate being unaware aboutdetenues recent activities has, therefore, acted illegallyin curtailing detenues liberty on the basis of his allegedactivities of 2006, 2008 & May 2009.

Jurisdiction and power under Section 8 of the|Jammu and Kashmir Public Safety Act, 1978 Iscontemplated for its exercise only on the basis ofrecent activities of the person or on the basis of someapprenension that the person sought to be detainedmay indulge in activities prejudicial to the security ofthe State, maintenance of public order or in smugglingof timber or liquor.

Order No. PSA//6 dated 27.06.2011 issued by District Magistrate, Katnua demonstrates compietenon-application of mind by the District Magistrate.

Vistrict Magistrates order directing Nazir Anmad sdetention in preventive custody based on stale groundsand witnout any material available with him indicatingthat the detenue was likely to indulge in activities forwhich nis detention in preventive custody may be.warranted, cannot, therefore, be sustained.

For all wnat has been said above, Nazir Anmad s detention in preventive custody Is found illegal.

ThisPetition,therefore,succeeds.andis,accordingly, allowed quashing District Magistrate,Kathua’s order No. PSA//6 dated 2/7 .06.2011

A direction snail accordingly issue to tne)respondents to set the petitioner to liberty forthwithunless required in any other case.

Detention records be returned to the State.

counsel.

(J. P. Singh)Judge

Jammu:01.12.2011Pawan Chopra