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2019 Supreme(J&K) 162
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Tashi Rabstan, J.
Latief Ahmad Rather – Appellant
Versus
State of J&K and Ors. – Respondents
RPHCP No.02/2018 c/w HCP No.15/2018
Decided on 23.04.2019
Appearing Counsel:
For the Petitioner(s):Mr Mir Shafqat Hussain, Advocate with Mr Wajid Haseeb, Advocate
For the Respondent(s): Mr Javed Iqbal, Sr. AAG
Headnote:Jammu and Kashmir Public Safety Act, 1978 – Section 8 – Preventive detention – Review petition – Because a detenu is liable to be tried in a criminal court for commission of criminal offence(s) or to be proceeded against for preventing him from committing offences dealt with in Code of Criminal Procedure, would not per se debar his detention – Power of preventive detention is qualitatively different from punitive detention – Power of preventive detention is a precautionary power exercised in reasonable anticipation – It may or may not relate to an offence – It is not a parallel proceeding – An order of preventive detention can be made before or during prosecution and can be made with or without prosecution and in anticipation or after discharge or even on acquittal – Law of preventive detention is not invalid because it prescribes no objective standard for ordering preventive detention and leave the matter to subjective satisfaction of executive – Terrorism has become a global threat with global effects – It has become a challenge to whole community of civilized nations – Review petition dismissed. (Paras 5.4, 5.6, 6.1, 6.6, 6.7 and 6.8, 13, 14 and 17)
1. This Court by Order and judgement dated 3rd August 2018, dismissed writ petition, bearing HCP no.15/2018 titled Latief Ahmad Rather v. State of J&K and others. Thereagainst, review petitioner herein directed an Appeal, being LPAHC no.08/2018. The Division Bench vide order dated 18th September 2018, dismissed aforesaid Appeal with liberty to petitioner to seek review/verification before learned Single Judge. It is as a consequence of this that instant Review Petition has come up for consideration before me.
2. I have heard learned counsel for parties and considered the matter. I have also gone through the judgement, review whereof is sought for.
3. Learned counsel for petitioner states that judgement dated 3rd August 2018 requires to be reviewed on following grounds:—
(a) Detenu was already in custody in FIR no.448/2013 and FIR no.263/2017;
(b) Relevant material was not placed before detaining authority, i.e. acquittal order of FIR no.216/2013;
(c) Detention order has been ordered for maximum period;
(d) Relevant material has not been supplied;
(e) Detenu is not English Literate and no translated copy of grounds, order of detention and communication was supplied.
4. In support of his submissions, learned counsel for petitioner has also placed reliance on judgements rendered in Surya Prakash Sharma v. State of U.P. and Others, 1994 SCC (Cri) 1691; and Bilal Ahmad Dar v. State of J&K and Another, 2017 (II) SLJ 650 (HC).
Ground (a):
5. First point/ground, raised by learned counsel for review petitioner, is that “detenu was already in custody in FIR no.448/2013 and FIR no.263/2017”. His submission in this respect is that once detenu was already in custody a propos aforementioned cases, detaining authority had no justification or reason to pass detention order.
5.1. Given what has been projected in review petition and exhorted by learned counsel for petitioner in support of review petition, it has become necessary to have glance of grounds of detention and reproduce them in verbatim infra:—
“Grounds of Detention
Name
:
Latief Ahmad Rather
Son of
:
Habibullah Rather
Residence
:
Badipora, Rather Mohalla
Tehsil
:
Chadoora
District
:
Budgam
Affiliation
:
LeT Terrorist Outfit
Age
:
36 Years (Approximately)
From the perusal of the material put forth by Sr. Superintendent of Police, District Budgam, it emerges:—
That you are a hard core and deeply motivated terrorist who has since long been indulging in secessionist/terrorist activities. Your aim is to secede the state of J&K from the union of India and to accomplish the aim of making it part of Pakistan. Your anti-national and unlawful activities are aimed at achieving this objective.
That you are affiliated with banned terrorist organization namely Lashker-i-Toiba, which is one of the most dreaded terrorist organization operating in the state of J&K. The aim of that organization is also to have the state of J&K merged with Pakistan and in order to obtain such objective the cadres of the organization have no qualms in killing people, security forces and causing wide spread violence and damage to the public property.
You have a criminal/secessionist bent of mind as such you developed contacts with notorious terrorist like Reyaz Ahmad Dar etc of Let outfit. It was in the year 2000 that you joined the let outfit as a member of the said organization and was subsequently imparted training locally viz-a-viz the use of illegal Arms/Ammunition by the cadres of LeT outfit. After becoming a member of the said outfit and being trained in the use of Arms/Ammunition, you indulge yourself in various terrorist activities, the details of which are as under:—
(a) That on 13.05.2001
