HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

…

WP(Crl) 71/2019

CM No.239/2020

Reserved on: 05.03.2020

Pronounced on:19.03.2020

Amjad Khan

……. Petitioner(s)

Through: Mr. Madan Lal, Advocate.

Versus

State and others

……Respondent(s)

Through: Mr. Aseem Sawhney, AAG

CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE

JUDGEMENT

1. The challenge in this petition is thrown to Order No. 09/PSA of 2019

dated 08.08.2019 passed by the District Magistrate, Poonch whereby

the petitioner (hereinafter referred to as >the detenu?) has been

detained under Section 8(b) of the J&K Public Safety Act, 1978 for a

period of three months on the grounds detailed in the grounds of

detention simultaneously served upon the detenu. The impugned

detention order has been assailed inter alia on the following grounds:-

(i)

That the registration of single FIR against the detenu that

too on a false and concocted grounds cannot be made the

basis to put the detenu under preventive detention.

(ii)

That the involvement of the detenu in single incident

which is reflected in the FIR No.209 of 2019 cannot

constitute threat to the maintenance of public order and