Sd Omar Jan District Magistrate, Anantnag.
VI of 1978 hereinafter referred to as the Act directing the detention 1106 of his petitioners son, Shabir Ahmed Shah hereinafter referred to as the detenu .
You alongwith your erstwhile associates were responsible for creating subversion and danger to the maintenance of public order by organizing antinational demonstrations and protests.
You and Your party have shown open sympathy and have tried to elicit public opinion in favour of Mohammad Maqbool Bhat, a die hard pro Pak subversive element who has been sentenced to death on two occasions for murder, espionage and sabotage and is currently awaiting execution.
Later in the day you alongwith your associates incited youths to resort to violence and create disorder.
You were arrested in Case FIR No.
In January and February, 1970 you joined subversive elements of Sopore area and organized the burning of reli 1107 gious places in order to create chaos in the State.
A case FIR No.
98/79 u s 302/148/336/332/149/120 B RPC was registered.
You alongwith your party members moved secretly to maintain companytacts with disgruntled and undesirable elements in the valley and to arouse their base sentiments in this companynection and companytext.
Much before the execution of Mr. Z. A. Bhutto in Pakistan, you and your party sent hand bills and booklets to arouse the sentiments of the people against the State Govt.
In the third week of March, 1979, when some unemployed youth started hunger strike at Lal Chowk, Anantnag, you lent support to the CPI ML and other parties who were out to create disturbances and to incite the youth to resort to violence and disorder.
1125 of 1979 Under Article 32 of the Constitution K. Ramamurthy and R. C. Pathak for the Petitioner.
38/79 u s 436 RPC P S Sopore registered in this companynection.
Your remaining at large is prejudicial to the maintenance of public order and also to the security of the State.
VI of 1978 , I, Omar Jan, District Magistrate, Anantnag hereby direct that the said Shri Shabir Ahmed Shah be detained in Central Jail, Srinagar.
Later in the year 1975 when the Peoples League was formed with the avowed object of challenging the accession of the State of India and also for furthering the cause and interest of Pakistan in the State, you joined the party as an active member.
Police efforts to arrest you companyld number succeed as you ran away in the by lanes and later went underground.
On 7 4 1979 when numbermalcy was being restored in Anantnag town and shops were being opened, you alongwith your associates appeared near Lal Chowk and threatened shop keepers to close shops.
The detenu was informed in pursuance of section 13 of the Act that his detention had been ordered on the following grounds You originally belonged to Young Mans LEAGUE Hamid group which was an anti national and pro Pak organization of youngmen.
Consequently a lot of violence including murderous assault on the Police and the Magistracy took place in Anantnag town in which many officials were seriously injured.
You went underground and companyld number be arrested for quite some time but you were arrested in the case later.
Pamphlets and posters have been issued by the Peoples League in support of Mohammad Maqbool Bhat.
Their shouting and running had the effect of creating tension in the 1108 town and many shops were closed.
You are currently the General Secretary of the Peoples League.
You are presently on bail in this case.
ORIGINAL JURISDICTION Writ Petition No.
On 29 3 1979 you alongwith your companyleagues held a meeting and decided to disturb public order in Anantnag town in the companytext of pro Bhutto sentiments and demonstrations the next day.
The reasons in support of the above order are given below The above petition under Article 32 of the Constitution is filed by the petitioner requesting this Court to quash the order of detention bearing No.
More recently you have been companylaborating with antinational, pro Pak elements who companye to hold secret talks and links with you.
299 304/ST dated May 23, 1979 passed by the District Magistrate, Anantnag in the State of Jammu Kashmir under section 8 2 of the Jammu Kashmir Public Safety Act, 1978 Act No.
You are a dangerous and desparate character out to create chaos, disorder, subversion and the like to achieve your ends.
The relevant part of the order of detention reads Whereas I, Omar Jan, District Magistrate, Anantnag, am satisfied that with a view to preventing Shri Shabir Ahmed Shah s o Ghulam Mohammad Shah r o Kadipora, Anantnag, from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do Now, therefore, in exercise of the powers companyferred by section 8 2 of the Jammu and Kashmir Public Safety Act, 1978 Act No.
The companyspiracy was, however, unearthed by Baramulla Police in time before much damage was done.
Reasons would follow.
K. Venugopal, Addl.
It may be numbered that whereas the order of detention stated that it had been passed with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order, in the last paragraph of the grounds furnished to the detenu, it was stated that your remaining at large is prejudicial to the maintenance of public order and also to the security of the State.
Consequently on 30 3 1979 you alongwith your associates moved stealthily to warn the shopkeepers to close their shops.
The Judgment of the Court was delivered by VENKATARAMIAH, J At the companyclusion of the hearing of the above petition on October 24, 1979, we made the following order The detenu Shabir Ahmed Shah who has been detained by the order dated the 23nd May, 1979 of the District Magistrate, Anantnag is directed to be released forthwith.
Solicitor General, and Altaf Ahmed for the Respondent.
You also incited the people to put road blocks and stop traffic.
You and your associates organized a strike in Anantnag College when it opened on 30th.
