Court : Jammu and Kashmir
Reported in : 1996CriLJ897
..... schedule was fixed by the court for production of the records and filing of the counter.3. it is averred in the petition that the detenu was arrested by the security forces during crack down operations at tengapora, batamaloo on 7-11 -1992 and was booked in fir no. 20/1992. the detenu was subsequently detained under the provisions of the ..... 22 of the constitution has the right to file a representation and this constitutional right has also been ensured to the detenu in the statute known as public safety act and the relevant provisions thereunder only to ensure that the person of a citizen is not deprived of the liberty without apprising him of the reasons and the grounds ..... j & k public safety act vide order no. psa/mos/47/ 93 dated 15-4-1993 passed by district magistrate, srinagar, it is further averred that the order of detention was passed after six .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(2)JKJ578
..... profitable to reproduce paras 2 and 4 of the counter affidavit as under:in reply to para no. 4,5, it is submitted that the detenue was arrested by the security forces, and was booked in various fir no's 58/02,60/02,19/06 under section 307,7/25 were registered in police station kupwara when 2 no. of ..... dated 08.03.2006 issued by the competent authority.in reply to grounds, a, b, c, it is submitted that during the custody of the detenu under the public safety act. he did not choose to remain silent in the jail. he continuously kept himself involved in the militant activities, such as conveyed messages through his relatives to the militants, ..... . copies of grounds of detention order, dossier and detention order were served upon the detenu on 12.03.2006. record also discloses that notice under section 13 of the act came to be served upon the detenue for making an effective representation. record was examined by the board and detenu was heard personally. in the given circumstances one comes to .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ319
..... food and shelter for the night and received cash worth rs. 1.37 lac for delivery to zulfikar zulfi of village karag whose brother code abu museeb was killed by security forces during january, 2008 in kandi area. he delivered the cash worth rs. 1.24 lacs as first instalment to zulfi. next instalment of rs. 13,000/- was ..... cards meant for distribution to the terrorist were recovered from his possession. as a consequence of that he was detained under the provisions of j&k; public safety act.4. the petitioner has questioned the order of detention on the following grounds:a) that there is no application of mind by the district magistrate while framing order of ..... petitioner seeks quashment of detention order no. 04 of 2008 dated 17,05,2008 passed by district magistrate, rajouri under section 8 of the j&k; public safety act, 1978.2. the grounds of detention reveal that the petitioner remained associated with the local terrorists of hm outfit known with code name jannisar and hm commander ab-saqib .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1993CriLJ727
..... for commission of subversive activities such as joining the banned organisation and motivating kashmiri muslim youths to cross the border for obtaining arms training, through posters etc. your activities are highly prejudicial to the security of the state. no doubt you are presently lodged in judicial lock-up srinagar, but there is every ..... , ammunition and explosives, to propagate through highly objectionable material and to indulge in looting and rioting by killing high dignatories, including police personnel, paramilitary forces, eminent judges and lawyers and various political leaders in the valley with the intention to spread terror and create chaotic conditions in the valley so as ..... in the grounds of detention was not supplied to the petitioner rendering the order of detention illegal. sub-section (2) of section 13 of the act provides that nothing in sub-section (1) of the said section shall require the authority to disclose facts which are considered to be against public interest .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ226
..... of 27th september, 1995 and also in the morning of 28th september, 1995 and informed them that militants had entered into the area after crossing the border of pakistan. the forces went to darkas area and laid cordon at golad. fire was opened from the side of forest at 12.30 pm. baldev singh, sho, controlled ..... militant activities in the valley in conspiracy with each other, how to use the arms and ammunition for sabotage and subversive activities to endanger life, property and security of the state to stall the political process and destabilize the government.5. all the accused were charged sheeted for the commission of offence punishable under section 3 ..... there was an agreement entered into between them to misappropriate the gold. to constitute a conspiracy, agreement between two or more persons for doing an illegal act, or an act by illegal means, is a sine qua non. although the agreement among the conspirators can be inferred by necessary implication, the inference can only be drawn .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1982CriLJ1697
..... virtue of the impugned order. the detaining authority in his counter has categorically stated that he was satisfied that with a view to prevent the detenu from acting in any manner prejudicial to the security of the state, it was necessary to detain him. i see no flaw in the said order and none has been satisfactorily established by mr. handoo. the ..... .(2) that in the second week 'of february '80, you along with said hans raj and imdad ali (who had already come over to own side) crossed the indo pak border via kotkuba. the said imdad ali took both of you straight to jumat pak post and informed sub hussain of pak fiu of your arrival at the post on telephone ..... detenu desires to be heard, the advisory board may hear him. there was. thus, no violation of section 16 in the present case,'8. i also do not find any force in the submission of mr. handoo that since the detaining authority was in possession of the material on 6th july, itself in the nature of the report of cid regarding .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ1247
..... ordersyed bashir-ud-din, j.1. petitioner, a foreigner was arrested by security forces after he was found in the state'. he has been arrested in fir no. 7/95 under section 3-eao, 3-sa, 12obrpc, 2/3 e& imco registered at p/ ..... got the service of order of detention and grounds effected on the petitioner on 12-12-1996, therefore, his detention under public safety act shall be deemed only on 12-12-96.5. there appears considerable weight and force in the submissions of counsel for petitioner that the execution of the order should be deemed to be date of detention order namely ..... explosives from across the border in valley and the instances have been given in the grounds which would specifically reveal that the activities of the petitioner 'were highly prejudicial to the security of the state and union of india'.3. in view of the above assertions in the counter affidavit, the detention under section 8 of public safety act of the petitioner cannot .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1985CriLJ406
..... a citizen detained under the said section is deprived to face trial and the detention is made to prevent him, in future, from acting in a manner which is prejudicial to the security of the state, public order or maintenance of essential supplie the detaining authority has to strictly comply with the provisions of section 8 and ..... which is too remote in point of time has no nexus with the object sought to be achieved. therefore, this argument of the learned counsel for the petitioner has force. he has also drawn my attention to an authority viz. kamlakar prasad chaturvedi v. state of m.p. : 1983crilj1928 . the supreme court while examining the case ..... implementing its policies and programmes. you have also been indulging in anti-national activities in manner prejudicial to the security of the state and for this purpose you have been instigating, provoking and abetting the use of force to overthrow the govt. established by law and the state. you have been challenging the accession of state with .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1994CriLJ1079
..... does not mean that their evidence is not reliable, for they have admitted that these documents were signed by them. they have not stated anywhere that they were forced to sign these documents. they have signed this seizure list out of their free will, and it does not lie honest on their part to say that they ..... into action and it (declaration) ultimately formed the basis for recording the conviction of the accused, after the said declaration went through all the requisite tests of evidence act, to which the veracity of witnesses was put at the time their statements were recorded. the statements i.e. the statement of doctor bashir ahmad and the scribe ..... which formed the basis for initiation of criminal investigation against the accused and being her last statement before her death, has withstood all the tests of the evidence act, to be declared as a dying declaration, for it was made by the deceased before her death to the investigating officer relating the circumstances under which her death .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ44
..... your contacts, association and activities, it is evident that you are working for terrorist and facilitating their anti-national activities in the state thereby endangering the security of the state, you are co-ordinating between terrorist of different outfits in transaction of money and carrying messages of one terrorist to another. you have ..... gang since received some arms and explosives from naga rebels for committing acts of sabotage and creating large-scale disturbances, particularly in the plains areas along assam-nagaland border.that, in the circumstances, shri kshetra gogai's being at large will jeopardise the security of the state and the maintenance of public order in this ..... from such anti national activities which are highly prejudicial to the security of the state. you javed iqbal s/o makhna gujjar r/o thuroo slukh, tehsil mahore, district reasi are hereby ordered to be detained under the provisions of j&k; public safety act, 1978.8. perusal of the additional ground of detention .....
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