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| PSA imposed on PoK National quashed | | |
Jammu, Dec 28 (JNF): Justice Hasnain Massodi of State High Court today quashed the detention order of Manawar Hussain Shah alias Babu Shah S/o Habib Hussain Shah of Panag Sharief District Kotli, Pak-occupied Kashmir (PoK) who was detained under Public safety Act (PSA) by the order of District Magistrate Poonch.
Justice Hasnain Massodi after hearing Adv SA Malik for the detenue whereas Sr AAG Gagan Basotra for the state, observed that detaining authority while passing detention order has been influenced by involvement of detenue in case FIR No. 168 of 2009 under Section 18 of Unlawful Activities (Prevention) Act. The detention record does not indicate that copy of the FIR or copies of any other documents connected therewith were supplied to the detenue at the time of the execution of detention order.
The non supply of material documents must have prevented the detenue from making an effective and meaningful use of constitutional and statutory safeguards guaranteed under Article 22(5) of the Constitution of India and Section 13 of J&K Public Safety Act.
While quashing the detention order, Justice Massodi further observed that detaining authority did not inform the detenue through detention order or otherwise that he could make representation to detaining authority during the intervening period of 12 days, the detention order was to remain in force pending approval of the State Government. The detaining authority because of his failure to inform the detenue that of his right to represent against the detention violated the constitutional and statutory rights available to the detenue and quashed the detention order No.7/PSA of 2011 dated 4th of November, 2011. JNF
The petitioner is a resident of Pak occupied Kashmir (PoK) and has entered India on a valid visa through Attory Check Post, Punjab on 6th of August, 2009. He married one Safeena Malik alias Sobia D/o Abdul Hamid Malik R/o Fazalabad, Poonch on 22nd of August, 2009. The detenue was arrested on 1st of December, 2009 in connection with case FIR No. 168 of 2009 under Section 18 of Unlawful Activities (Prevention) Act. The investigation was concluded as proved and a chargesheet presented in the Sessions Court, Poonch. The petitioner and his co-accused were acquitted of the charge by the Sessions Court. In the meantime detenue was placed under preventive detention vide order No. 2/PSA of 2010 dtd 8th of January, 2010. |
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