Early Times Report
Srinagar, Sept 1(JNF): Justice Tashi Rabstan of J&K High Court quashed the detention order of Ubaid Tariq Antoo alias Billa alias Faris son of Tariq Ahmad Antoo alias Mitha of Kraltang Sopore, an alleged informer of militants who was detained by the order of District Magistrate Baramulla on May 2, 2013.
The detention order makes mention of a communication No.PROSS/PSA/2013/5362 dated 01.04.2013, received from Superintendent of Police, Sopore. The detention record made available by learned Deputy Advocate General reveals that none of the documents referred to in the detention order was ever supplied to the detainee. The grounds of detention make reference to case - FIR No.315/2010 under Section 147, 427 RPC P/S Sopore; FIR No.470/2010 under Section 307, 148,336,427 RPC P/S Sopore; FIR No.75/2011 under Section 307 RPC, 7/27 I.A. Act P/S Sopore; FIR No.78/2011 under Section 307 RPC 7/27 Arms Act P/S Sopore; FIR No.250/2012 under Section 7/25 Arms Act P/S Sopore, claimed to have been registered against the detainee.
The involvement of detent in the said cases appears to have weighed with detaining authority while making detention order. The grounds of detention reveal that the detainee is alleged to have been providing logistic support to active militants operating and also providing them regular information regarding movement of police and security forces. The detainee has not been given particulars of militants to whom the detenu is alleged to have been providing logistic support and regular information as regards movement of police and security forces.
After hearing advocates MA Qayoom and Tufail for the detainee and Deputy AG TA Lone for the state, Justice Tashi Rabstan referred various judgment of the Apex Court regarding detention under PSA, allowed the petition and detention order No. No.01/DMB/PSA/2013 dated 2nd May 2013, passed by the District Magistrate, Baramulla directing detention of Ubaib Tariq be quashed.
"The respondents, in view of quashment of detention order, are stripped of any authority to detain the detenu under order No.01/DMB/PSA/2013 dated 2nd May 2013. Resultantly, the respondents are directed to release the detainee from preventive detention, ordered vide order No. No.01/DMB/PSA/2013 dated 2nd May 2013," the court ordered. |
