STATEMENT OF FACTS

BACKGROUND

 Sajid Lone, a political leader in the state of Kulpama, India is a religious

fundamentalist/ extremist. While addressing the public gathering, he usually
criticizes the government policies. The evidences to prima facie show that Sajid
has connection with various groups having separatist ideology. It has been
alleged at several instances that he has motivated and manipulated several youth
similar ideology

CIRCUMSTANCES LEADING TO THE SCENARIO

 On a source information, a huge cache of explosive was recovered/seized from

the house of Mr. Sajid as a result of which a First Information Report was lodged
and he was arrested. Mr. Sajid after being released on regular bail continued
making adverse remarks against the government in public , as the State
government observed that the activities of the instant dossier run heavily against
him and are highly prejudicial to the security of the state, and further observed
that the Sajid has Criminal antecedents of 18 cases and so State Government
further contended that the normal laws are not sufficient to deter him from anti
national activities. Therefore, the State Government observed that, it is necessary
to detain him by invoking the provisions of Kulpama Public Safety Act, 1978 in
order to prevent him from indulging in the activities , which are determental to
the security of the state.

 On the basis of the facts leading to the scenario, the District Magistrate, Gandhi
Nagar, Kulpama, in exercise of the powers vested in terms of Section 8 Clause (a)
of the Kulpama Public Safety Act, 1978 through order no. 46/Detn/2018 dated
02-10-2018 directed taht Sajid Lone be detained and loged in Gandhi Nagar
Central Jail for a period of six months. Therefore, the detention order with along
with the grounds of detention were served upon the detenue through the
Superitendent of Police, Gandhi Nagar, Kulpama on 05/10/2018. And as well the
detenue was provided with the opportunity to make representation before the
District Magistrate, Gandhi Nagar. As after rejecting the representation of the
detenu and affirmed the order of detention, afterwise which was confirmed by the
State Government on 10-12-2018 and the order report by the Advisory Board.

 The detenu filed a Writ petition before the High Court of Kulpama seeking aside
of detention order dated 02-10-2018 on the ground that the order is in violation of
the provisions of Kulpama Safety Act and Article 19 1(a) and 21 of the
Constitution of India and furtherly contending that District Magistrate is not the
appropriate authority under the Act to pass the order of detention and to consider
the representation of detenu.

 The High Court after hearing the arguments dismissed the Writ petition filed by
the detenu on the grounds that the District Magistrate after appreciating the entire
documents has recommended for the order of detention in the interest of public
safety, hence, is devoid of infirmity and arbitrariness. The High Court further
 held that District Magistrate is an appropriate authority to pass detention order
and consider the representation.

PRESENT SITUATION

 The detenu has filed a special leave petition before The Hon’ble Supreme Court
under Article 136 of the Constitution of India challenging the order passed by the
High Court in Writ petition and the Hon’ble Supreme Court of India has decided
to hear the Counsel appearing for the detenu and State of Kulpama in the matter
with the prime issues.