J U D G M E N T

14.03.2024

1. Heard learned counsel for the petitioner and the respondents.

2. Perused the writ record along with annexures therewith and also perused the detention record.

3. The petitioner 22 years of age finds himself detained under the

No. 22/DMB/PSA/2022 respondent No. 2-District Magistrate, Baramulla holding the petitioner liable for preventive detention under Jammu and

Kashmir Public Safety Act, 1978.

4. The petitioner is questioning his preventive detention stating that the grounds of detention are unfounded without any supporting material and in fact the order of preventive detention passed by respondent No. 2-District Magistrate, Baramulla is nothing but dictation of Senior Superintendent of Police, SSP Sopore which has been carried into effect by the respondent No. 2-District Magistrate, Baramulla acting mere as rubber stamp for the Senior Superintendent of Police,

Sopore.

5. The respondent No. 2-District Magistrate, Baramulla came to be approached by the Senior Superintendent of Police, SSP Sopore with a dossier No. PROSS/PSA/2022/10882-85 dated 07.04.2022 in terms whereof it came to be proposed and presented that the petitioner’s personal liberty was prejudicial “Security of the State”

detention under J&K Public Safety Act, 1978.

6. The respondent No. 2-District Magistrate, Baramulla came to draw grounds of detention which read as under:-

You' are native of village Edipora Sopore, District Baramulla and is presently residing at village Edipora Bomai Sopore Baramulla. You received your early education upto class 8th.

You at this stage requires to be detained under the provisions of public safety Act -1978 as your activities are pre-judicial to the security of state on the following grounds:-

That your activities have emerged a threat to the National

Security and integrity of the Union of India.

That you voluntarily developed contacts with various terrorist/ secessionist organizations to carry out the activities of secessionism and terrorism. The reliable and credible information/reports received from various agencies suggest you have voluntarily associated. - yourself with terrorist organization The Resistance Front (TRF) and Al Bader outfit which is an offshoot of proscribed terror outfit Lashkar-e-Toiba. You have been found to have deep rooted connections with' the terrorist outfit which orchestrated the recent killings of civilians in District Srinagar and other parts of valley. TRF organization acting on directions and sermons of handlers across the border carried out terrorist activities which include targeting innocent civilians and recruiting youth in the ranks of terrorist organizations. Report received from various agencies and blogs on social media platform testifies that TRF is being controlled by Pakistani intelligence ISI and on their advice and directions they are carrying out terrorist activities like killings of soft targets which includes street vendors, laborers from outside J&K UT who are working in orchards, small shops and commercial establishments, policemen who are off duty or are unarmed, so as to create an atmosphere of fear and intimidation in the valley. You are one of such youth who at the behest of terrorists of TRF and handlers across the border is providing all logistic support including transporting of arms of terrorists from one place to another. The recent killing of civilians is aimed at, creating, a cycle of terror and a situation in valley so that the orchard owners, industrialists, small enterprises and business man are compelled to pay protection money to terrorists of TRF through OGWs including you. In order to give TRF legitimacy as well as to make it popular amongst the youth of valley TRF has been extremely aggressive on social media. The reign of terror Spread by killing innocent civilians is aimed to create lawlessness and compel the Government to stop its offensive against the terror ecosystem and efforts to restore rule of law. The reports received from various ag