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| HC quashes detention under PSA of KZF terrorist | | |
Jammu, Mar 06
Justice YP Nargotra of J &K High Court Jammu wing in a habeas-corpus petition filed by Ravinder Singh, alleged activist of KZF terrorist Organization, challenging the detention order under PSA passed by the District Magistrate Jammu, has allowed the petition and quashed the detention order.
In the detention ground it was alleged that petitioner is a dedicated activist of KZF terrorist organization which has deep rousted links with other militant organizations operating and involved in terrorist activities in the state. It is further stated that petitioner along with his other associates operating in Jammu and Kashmir on the directions of dreaded terrorist Ranjit Singh Neta, who is an active agent of ISI Agency of Pakistan. Petitioner was indulging in the activities which were highly pre-judicial and detrimental to the security and integrity of the state and referred various FIRs lodged against him under Arms Act, attempt to murder, recovery of two Kg RDX and it was alleged that petitioner along with other associates executed a bomb-blast at Sirhind Punjab in a bus where nine people were killed and several injured and another FIR on the disclosure of the petitioner one Ak-56 rifle, two magazines along with 99 live carts, 6 Kg RDX was recovered which was kept concealed by petitioner and his associates.
Justice YP Nargotra, after hearing Advocate Sunil Sethi appearing for the petitioner and Additional Advocate General appearing for the state, observed that after perusing the record of the detaining authority, it does not anywhere show that the copies of FIRs, dossiers and other allied material were ever served upon the detenue against a proper receipt. The record of the detaining authority contains one receipt of the detenue indicating the grounds of detention consisting of two leaves only. AAG was pointedly asked to show from the record of the detaining authority any receipt executed by the detenue where-under he had received the copies of FIRs, dossiers and other allied incriminating material. But after perusing the record he candidly admitted that no such receipt was in existence in the record of the detaining authority. The right to be supplied all the material on which the grounds are based flow from the right given to the detenue to make a representation. The failure to provide such material as has happened in the instant case renders the detention illegal. Court referred a judgment of the state High Court and quashed the detention order passed by the District Magistrate Jammu whereby the petitioner was detained under PSA with the direction that he be set at large forthwith, if not required in any other case. |
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