Abdul Ahad Ganai vs District Magistrate, Srinagar and another

On 26th of September, 1984, I have made an order quashing the detention order dated 24th August, 1984, made by, the District Magistrate,

Srinagar, in exercise of the powers, inferred by Section 8 of the Jammu and Kashmir Public Safety Act and announced that the reasons would

fallow. Here are the reasons.

This is a petition under Section 103 of the Jammu and Kashmir Constitution for the issuance of a writ of Habeas Corpus for the release of Shri

Abdul Ahad Ganai S/o Shri Ismail Ganai R/o Wakoora, Ganderba), who has been detained by an order of detention No. PSA/87/DMB/84

dated. 24th August, 1984, passed by the District Magistrate, Srinagar, under Section 8 of the Jamrau and Kashmir Public Safety Act, 1978 On his

being satisfied that his detention was necessary with a view preventing him from acting in any manner prejudicial to the maintenance of public order.

The grounds of detention given by the detaining authority are as follows:

As reported by S. S. P. Srinagar, Shri Abdul Ahad Ganai S/o Shri Mohd Ismail Ganai R/o Wakoora Ganderbal is a zamindar by profession. A

firm believer of N. C (F) he is a staunch worker of N. C. which was headed by the Late Chief Minister, Sheikh Mohd Abdullah and after the

death of Sheikh Mohd Abdullah remained associated with the said party headed by Dr. Farooq Abdullah. After the ExChief Minister lost the

support of legislatures of his party in the Assembly. The supporters & workers of N. C. (F) changed their ideology and started indulging in

observations extremism activities for achieving such objectives. The said Ahad Ganai alongwith other supporters and workers of N.C (F) started

preaching and conversing the supporters for indulging in violence and other militant activities to overawe the nonmuslims community. For long he

has been organizing and attending meetings of these parties to formulate the strategy to achieve the goal and from time to time acted in a manner

prejudicial to maintenance of Public order. The Individual had acted from time to time as also in the recent past to achieve his nefarious designs.

The following are some of the instances of his prejudicial activities:

(i) Since N. C. (F) group has been ousted from the power consequently he and his other accomplices Sh. Mohd Ashraf Ab. Hamid Bhat Gh.

Ahmad Sheikh Gh. Nabi Mir among others started delivering speeches to the public at different places at different times/ occasion negligently and

wantonly and gave provocations to the public that their future with India had become now dark, because the elected Government of Dr. Farooq

Abdullah has been dethrowed by the Central Government undemocratically and installed upon the people and Government of their own choice

which has no local standing at all. With a view to promote feelings of hatred between classes of citizens of India, he maliciously delivered speeches

at various places in various meeting with other accomplices in the month of July / August, 1984. This sort of provocative speeches stimulated the

feelings of the people in general which would have caused a great stir and also caused serious type of riots arisen and communal disharmony

amongst the different classes of the people. Given below are some of the instances where the above cited subject acted in a manner prejudicial

manner are as under:

On 0241984 be alongwith others delivered provocative / malicious speeches in his own residence with others, where stress was laid on

unification of the party believers in subversions for disturbing the public order.

On 22484 in the house of Nabi Mir where plans for causing public disorder were discussed.

On 2341984 at the residence of Hamid Sheikh where workers resolved WAG and WAR against the Central Government by creaing law and

order problems with a view to disturb public order. Also a plan was made to disturb the function to be held by the present C. M. G. M. Shah on

24484 at Bihama and watlar Ganderbal etc. by stone pelting by the diehards of N. C. (F) on the workers and supporters of N. C. (K).

On 2441984 Sh. G. M. Shah (Present C. M, of J&K State) alongwith his Mrs. Smt. Khalida Shah and workers of N. C. (K) with IShri Gh.

Nabi Kochak etc: were assaulted by the subject and his other accomplices at Bihama and watlar Ganderbal with deadly / fatal weapons. With the

object to do away with their lives, The N C. (K) workers were pelted / assaulted for which a conspiracy bad already taken place at Srinagar with

provincial President of NC. (F) to protest against the foregoing party workers so that the celebration of Public meeting / function both at Bihama

and Watlar (earlier are not being held at all). The objects was achieved when G. M. Shah Smt. Khalida Shah and other leaders were fatally

assaulted by pelting stones and deadly weapons with a common object of assassinating them.

On 3061984 he alongwith others Mphd Ashraf, Gh. Nabi Mir, Hamid Bhat and Gh. Mohd Sheikh including other workers wrongfully

restrained Sheikh Abdul Jabbar, MLA (Kangan) now Hon'bLe Minister who on IDD celebration was going towards his home LAR in the

afternoon and assaulted him with deadly weapons who ""earlier in the month of March had withdrawn the support, from Ex. C. M, Dr. Farooq

Abdullah for withdrawing his support. Shri Sheikh Jabbar was criminally assaulted and wrongfully restrained by the subject and others as to why

Sh. Jabbar had withdrawn his support from Dr. Farooq Abdullah who had been held responsible for creating chaos and defection within the NC

(F)

On 471984 when the announcement of new Government was made, the diehards of N. C. (F) belonging to Ganderbal belt mentioned above

made provocative speeches when the individual alongwith his other accomplices disclosed with the aim of uniting all antinational antisocial elements

under one leadership so that the common object of creating public disorder in the State through disruption / subversions and sabotages in achieved.

He thus attended different meetings of the party held at the different places at the different meetings of the party to ensure that

the unification is materialised as early as possible to give final shape to their unscrupulous designs. These meetings were held at the following places

and dates:

(a) On 4784 he again held a meeting at the residence of Ab. Hamid Bhat were he instigated the participants that central Government is seeking

away and means to convert majority into minority. He also instigated the public that alongwith Dr. Farooq Abdullah will throw our enemies N. C.

(K) and Congress I workers out for which we have to sacrifice our lievs even and also instigate to the people to harass the nonMuslims community

to show the India the integrity of the State Muslim.

(b) On 971984 he held again a meeting at the residence of Mohd Ashraf Bhat in which he instigated public against the State and Central

Government and stressed the participants to continue struggle till dismissal of present ruling party i.e N.C(K).

As the activities of the above mentioned individual are highly prejudicial to the maintenance of the public order therefore the undersigned is satisfied

that the subject merits to be detained as per section 8 of the Jammu and Kashmir Public Safety Act, 1978

The detaining authority has in his counter contoverted the allegations as made in the petition,

I have heard the learned counsel for the parties and have gone through the file.

In this case also the detaining authority has based his subjective satisfaction as to the aHeged activities of the detenue purporting to be

prejudicial to the maintenance of public order on the report of the Senior Superintendent of Police, Srinagar, The said report has not been supplied

to the detenue so as to enable him to make an effective representation to the Government. This alone is sufficient to quash the detention order in

question. IN A.I.R.1981 Supreme Court, 1861 it has been held that nonsupply of material documents referred to in grounds of detention is

sufficient to vitiate the detention as it prevents the detenue from making an effective representation.

Moreover the perusal of the grounds of detention reveals that the detention order suffers from any other infirmities which smoke of

nonapplication of mind by the detaining authority

These reasons prompted me to quash and setaside the detention order.