Parvin Akhter vs UT Of J & K & Ors

M A Chowdhary, J

Through the medium of this petition under Article 226 of the Constitution of India petitioner seeks the following writs:

i) Writ of Certiorari to quash Order bearing No. Home/PB/-V/176 of 2014 dated 14.02.2014 by virtue of which the husband of the petitioner has been detained and lodged in District Jail Dhangri, Rajouri.

ii) Writ of Certiorari to quash the Order No. Home/PB-V/1570 of 2020 dated 27.08.2020 and partial modification of Order No. Home/PB/-V/1575 of 2020 dated 28.08.2020 by virtue of which husband of the petitioner was shifted to District Jail Jhajjar, Haryana.

iii) Writ of mandamus directing the respondents to release the detainee from illegal detention.

iv) Writ of mandamus commanding and directing the respondents to pay a compensation of Rs.30,00000/-(Rupees Thirty Lakhs only) to the detainee for his illegal detention.

The petitioner had challenged primarily the detention order passed on 14.02.2014 by the Government of J&K, whereby her husband had been ordered to be detained under J&K Public Safety Act 1978. The impugned orders have been challenged on many counts.

Pursuant to notice, status report has been filed by the respondent asserting therein that the person, namely, Sayeed Tanveeer Hussain Bukhari @ Zaman Hussain Shah S/O Hakim Hussain Shah had been arrested by a unit of 43 Bn/RR of Raj Rifle on 19.04.2005 in forest area of Thannamandi and from whose possession some arms and ammunition was recovered during search operation, who also disclosed that he was a terrorist trained in POK along with other associates and belongs to TJI organization, as such, a case was registered vide FIR No. 39/2005. After investigation of the case, charge sheet was laid before the court of law. On being released on bail by the court, he married petitioner Parvin Akhter of Churungh and continued to work for ISI and also associated with militant groups, throughout Jammu and Kashmir.

Later on, an information was received from reliable sources that a person, namely, Zaman Shah, who was residing in Churungh Thannamndi had gone missing from his house in 1992, who had joined terrorists organization and got weapons training in POK and then crossed over the border illegally to enter J&K, with aim to destroy the peace and prosperity, as such, a case was registered vide FIR No. 28/2011 at Police Station Thannamandi.

During questioning, the suspect disclosed his identity as Zaman Shah @ Hamza Gori @ Jammi, but did not disclose his real name. During joint interrogation at Jammu, however, he disclosed his name as Tanveer Hussain Shah @ Zaman Shah @ Hamza Gori @ Jammi S/O Muneer Hussain Shah R/O Manana District Bhimber POK. He further disclosed that he was studying in an Islamic Institution in Pakistan and had joined terrorist organization and also crossed over the border illegally and remained in active militancy in J&K. He further deposed that during his crossing, one of his associate, namely, Zaman Shah S/O Hakam Shah R/O Churungh Thannamandi got killed during encounter who had gone missing in the year 1992 but his family members did not report the matter to the police. When he surrendered before CO 43 RR Thannamandi, Hakim Shah believed that the surrendered militant is his son Zaman Shah. The aforesaid person was detained in the year 2014 and lodged in District Jail Dhangri and later he was shifted to District Jail Jhajjar Haryana on 02.09.2020 vide orders dated 27.08.2020 and 28.08.2020.

Learned counsel for the respondents further stated that the person Tanveer Hussain Shah @ Zaman Shah @ Hamza Gori @ Jammi S/O Muneer Hussain Shah R/O Manana District Bhimber Pakistan had been detained for a further period of six months or till his deportation to his native place, vide Government Order No. Home/PB-V/147 of 2021 dated 19.02.2021. The petitioner had challenged the order passed in 2014 in this petition and which had become infructuous after passing of fresh order. Even the latest order whereby the detenuee had been shown to have been further detained in the month of February 2022 has also elapsed.

In view of the aforesaid facts and circumstances of the case, the petition filed by the petitioner has become infrcutuous and no further proceedings are required in the matter, the same is dismissed as having been rendered infructuous. The petitioner, however, shall reserve her right to challenge the latest order passed with regard to the detenuee, if any, in a fresh petition.

Petition, along with pending application(s), is thus disposed of.