IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hakim Imtiyaz Hussain, J.
Syed Aasiya Indrabi & Ors. - Appellant
Versus
State Of J&K & Ors. - Respondent
HCP No. 198/2008, 199/2008, 200/2008 And 201/2008
Decided On : 08 December, 2008
2. Detenues namely Aasiya Indrabi, Shabir Ah mad Shah, Mehraj-ud-din Kalwal and Mohammad Ashraf Sahraie have been detained by the District Magistrate, Srinagar under the provisions of Jammu & Kashmir Public Safety Act, 1978 (for short the Act). They have through the medium of these four separate petitions challenges the orders of detention.
3. In HCP No. 198/08 one Syed Aasiya Indrabi W/o Ashaq Hussain Faktoo has been detained by District Magistrate, Srinagar vide order No.DMS/PSA/16/2008 dated 27.8.2008. The allegations on the basis of which the detenue has been taken into preventive deter lion ire contained in the grounds of detention, a copy of which has been placed on file.
4. It is alleged that she has been informed about her detention by the respondent No. 2 in terms of his communication No. DMS/PSA/Misc/Jud/9 -94/08 dated 27.8.2008. After serving the communication dated 27.8.2008 or, the detenue, the detenue was lodged in Central Jail, Srinagar. However, vide Order No. Home-PBV/714/11/2008 dated 5.9.2008 respondent no. 1 has ordered shifting of the detenue from Central Jail, Srinagar to District Jail, Udhampur. The order dated 5.9.2008 has been issued by respondent No. 1 on the basis of communications addressed to him by the Inspector General of Police, Kashmir.
5. In HCP No. 199/08 detenue Shabir Ahmed Shah S/o Ghulam Mohammad Shah R/o Anantnag Kashmir has been detained by District Magistrate, Srinagar vide Order No. DMS/PSA/19/2008 dated 30.8.2008. The allegations on the basis of which the detenue has been taken into preventive detention are contained in the grounds of detention.
6. In HCP No, 200/2008 detenue Mehraj-ud-din Kalwal has been detained by District Magistrate, Srinagar vide order. No.DMS/PSA/l7/2008 dated 27.8.2008.
7. In HCP No. 201/08 detenue Mohammadl Ashraf Sahraie has been detained by District Magistrate, Srinagar vide order No.DMS/PSA/18/2008 dated 29.8.2008, on the allegations on contained in the grounds of detention.
8. In all the four petitions almost common grounds have been taken to assail the orders of detention. It is stated that the grounds of detention on the basis of which respondents No. 2 has passed the orders of detention against the detenues are vague, ambiguous, indefinite and untrue. Various other grounds have also been taken which were argued at length by the learned counsel for the petitioners and will be considered later.
9. In all the four petitions shifting of detenues has been directed from Central Jail, Srinagar to Jails shown against each vide order No. Home: PBV/714/11/2008 dated 5.9.2008 as under: -
| 1. | Syed Aasiya Andrabi | Central Jail Srinagar | to | Udhampur Dist; Jail |
| 2. | Mehraj-ud-din Kalwal | -do- | to | Kotebhalwal |
| 3. | Shabir Ahmad Shah | -do- | to | District Jail Kathua |
| 4. | Mohd. Ashraf Sahrai | -do- | to | Kotebhalwal |
10. The detenues besides being aggrieved of the order of detention are also aggrieved of and have challenged their shifting from Central Jail, Srinagar to other jails shown in the order on the ground that the order is in violation of the law laid down by the Apex Court in A.K. Roy v. Union of India AIR 1982 SC 740. Respondents have filed their reply in all the four petitions. In HCP No. 198/08 it is stated that the detenue is the Chairperson of a secessionist Dukhtarani Milat Organization. The main object of the organization is to carry out activities of making an effort to seek support from the women for supplementing the activities of different terrorist outfits with the aim and purpose to secede J&K State from the Union of India so as to annex it with Pakistan and in order to carry out this objective, the detenue has been actively involved in organizing programmes, hartals, rallies and harassing of the common people and thereby supporting the illegal and unlawful programmes. The detenue has been using every type of media to publicize anti-national agenda, which is being deliberately done to attract the attention of secu
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.