1. The petitioner has been ordered to be detained by respondent No.2, District Magistrate Srinagar, vide detention order No. DMS/PSA/53/2011 dated 26-12-2011, in exercise of powers conferred upon him under section 8 of the J&K Public Safety Act, 1978 (for short Act of 1978). The petitioner has challenged the said order at pre-execution stage.

2. After notice, respondents have filed reply affidavit.

Mr. S.R.Hussain, learned counsel for the petitioner, submitted that the grounds of detention relate to one incident for which F.I.R 40/2011 U/S 376/511. 451/506 RPC, Police Station Kralkhud, Srinagar, has been registered. Learned counsel submitted that one single alleged incident cannot have impact on the public order. In order to elucidate his submission, learned counsel submitted that the case, which has been registered against the petitioner, is under investigation of the concerned Police Station and the petitioner has been enlarged on bail. He further submitted that the normal law, in the facts and circumstances of this case, is sufficient to deal with the petitioner. Learned counsel submitted that the District Magistrate has abused his authority by invoking the provisions of the Act o

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