KHURSHEED AHMAD BHAT Vs. UT OF J&K
LAWS(J&K)-2022-9-54
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 20,2022

Khursheed Ahmad Bhat Appellant
VERSUS
Ut Of JAndK Respondents


Referred Judgements :-

REKHA VS. STATE OF TAMIL NADU [REFERRED TO]
BANKA SNEHA SHEELA VS. STATE OF TELANGANA [REFERRED TO]


JUDGEMENT

SANJEEV KUMAR,J. - (1.)Petitioner, through his maternal uncle Fayaz Ahmad Dar, has assailed his detention ordered by District Magistrate, Pulwama (the detaining authority) vide its order No. 36/DMP/PSA-22 dtd. 19/5/2022 (the impugned order). In terms of the impugned order aforesaid, the petitioner has been put under preventive detention with a view to preventing him from acting in any manner prejudicial to the maintenance of the public order.
(2.)Before adverting to the grounds of challenge urged by the learned counsel for the petitioner ("the detenue") to assail the impugned order, it is necessary to notice the material facts on the basis of which the detaining authority has derived its subjective satisfaction for placing the detenue under the preventive detention.
(3.)As per the grounds of detention served upon the detenue, which are framed by the detaining authority on the basis of Police report dtd. 18/5/2022, he is alleged to be involved in motivating and provoking the innocent youth, young and tender-aged boys for resorting to anti-social activities and that he is an active member of the gang "TRATH GOLA " which is headed by Abdul Hamid Dar R/O Tujan Pulwama along with some other associates and is active in many Districts of the Valley. After the information was received by the police about the illegal activities of the detenue, FIR No. 123/2022 under Ss. 420, 120-B IPC was registered and at the time of framing the grounds of detention, the detenue was shown to be on Police Remand. As it reveals from the grounds of detention, the detenue had been active member of the gang since 2012, which was dishonestly and fraudulently extorting money worth Crores of rupees from gullible people on the pretext of paying returns in double and triple under the " TRATH GOLA " a scam. It is also stated that the detenue had lured the people into the trap and the amount so collected was used in illegal, illegitimate and illicit activities. It is further alleged that the detenue along with his other associates hatched a conspiracy to loot the general masses and persuaded many to sold their properties to invest in "TRATH GOLA " the scam, and that, since the detenue had applied for bail in the aforesaid FIR, therefore, the detaining authority was of the opinion that remaining at large of the detenue would be detrimental to the maintenance of peace and public order.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.