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| PSA of OGW of HM/LeT quashed | | |
Jammu, Dec 25 (JNF): Justice JP Singh of J&K High Court Jammu Wing quashed the detention order under PSA passed by the District Magistrate Doda detaining Ghulam Nabi s/o Bilal Ahmed Lone alleged over ground worker of HM/LeT.
According to the petition District Magistrate Doda on February 15, 2011 directed Ghulam Nabi's detention under the PSA who was allegedly over ground worker of banned LeT/HM outfit. While issuing detention order under PSA, DM observed that in the light of grounds based on the dossier, submitted by SSP Doda and in view of the prevailing situation in the District Doda and also keeping in view of his persistent act of supporting/working to the cause of militants, accused has been considered a potential threat to security of State and Union of India and issued order of detention under PSA.
After hearing Adv DS Chouhan appearing for the petitioner whereas Sr. AAG Gagan Basotra appearing for the state, Justice JP Singh observed that neither in police dossier nor in the grounds of detention is it indicated that detenue was likely to be released from police custody, and rightly so, in that, being accused of heinous offences, there would have been no likelihood of his release from custody on bail or otherwise unless the court seized of the matter would find reasonable grounds for believing that he was not involved in the heinous offences in which he was indicated to have been involved. In the circumstances, the detenue could not, therefore, be order to be detained in preventive custody on self assumed supposition and that too without any reasonable doubt. With these observations Court quashed the detention order passed by DM Doda and directed to release the detenue from preventive custody. |
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