HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 06-05-2022

Pronounced on: 25-5-2022

WP (Crl) 75/2021

Sameer Ahmad Lone through his father Bashir Ahmad Lone

… Petitioner/Appellant(s)

Through: Mr. G. N. Shaheen, Advocate

V/s

UT of J&K and another

Through: Mr. Asif Maqbool, DAG

… Respondent(s)

CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

O R D E R

1. This is a petition filed by one Sameer Ahmad Lone [“the

detenue’] through his father Bashir Ahmad Lone, seeking inter

alia a writ of certiorari for quashing order of his detention

bearing no. 25/DMP/PSA/21 dated 2.6.2021 passed by District

Magistrate, Pulwama [“the detaining authority”]. The impugned

order has been passed by the detaining authority with a view to

prevent the petitioner from acting in any manner prejudicial to

the maintenance of public order.

2. The impugned order of detention is assailed by the petitioner

primarily on the ground that the grounds of detention on the basis

of which the petitioner has been detained, even if believed to be

NISSAR A BHAT

2022.05.25 16:58

WP (Crl) 75/2021 Sameer Ahmad Lone

Page 2 of 6

true and correct on their face value, do not constitute infraction of

public order. Mere registration of two FIRs against the petitioner

that too in the year 2019, and a third FIR in the year 2021,

without there being any material to substantiate the allegations in

the said FIRs cannot lead anybody to believe that the activities

attributed to the petitioner were calculated to disturb public order.

3. The impugned order of detention is also assailed on the ground

that the requisite material relied upon in the grounds of detention

viz. the copies of three FIRs and other relevant material, have not

been supplied to the petitioner, thus incapacitating him to file an

effective representation against his detention. It is also

complained by the petitioner that he being illiterate has not been

explained the grounds of detention in the language that he

understands.

4. Per contra, the stand of the respondents as disclosed in the reply

affidavit filed by the detaining authority is that the petitioner has

been detained keeping in view the activities he had been

indulging in over a period of time and which activities were

highly prejudicial to the maintenance of public order. It is

submitted that in the year 2019 the petitioner was involved in

commission of various offences at different points of time, and,

accordingly, FIR no. 48/2019 and FIR no. 49/2019 were

registered in the police station Kakapora. The petitioner did not

shun his activities and was thus again booked in case FIR no.

22/2021 under sections 147, 148, 323, 332 and 307 IPC, again

WP (Crl) 75/2021 Sameer Ahmad Lone

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registered at police station Kakapora. It is submitted that although

the petitioner was released on bail by the competent authority, but

the detaining authority having regard to the activities of the

detenue, arrived at the satisfaction that allowing him to remain at

large was likely to give another opportunity to the petitioner to

indulge in subversive activities prejudicial to the maintenance of

the public order.

5. Regarding supply of relevant material it is submitted in the

affidavit of the detaining authority that not only the detention

order and the grounds of detention were served upon the

petitioner but the petitioner was also given the copies of relevant

material relied upon in the grounds of detention.

6. Heard learned counsel for the parties and perused the material on

record.

7. True it is, the detaining authority in the grounds of detention

served upon the petitioner has referred to the involvement of the

petitioner in FIRs 48/2019 and 49/2019 registered at police

station Kakapora for offences under section 148, 341, 336, 427

and 149 RPC. Both the FIRs depict the events and the criminal

activities that allegedly