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| HM activists’ detention under PSA quashed | | |
JAMMU, MAY 18
Justice Virender Singh of Jammu & Kashmir High Court, Jammu wing, today quashed the detention order passed by District Magistrate, Jammu under Public Safety Act, of Javed Iqbal s/o Makhana r/o Thuroo Sulkh, Tehsil Mahore District Udhampur alleged activist of Hizb-ul- Mujahideen.
The petitioner detained under PSA for 24 months challenged the detention order passed by the District Magistrate on various on various grounds including that petitioner was arrested on April 10, 2006 in case FIR No 3/ 2006 u/s 16, 17, 19 and 20 of unlawful activities (Prevention Act 1967), and continues to be in custody in the case as an under trial prisoner till date. The prosecution has not submitted the challan in the case so far.
The counsel appearing for the petitioner Mr. Hussain submitted that the impugned order was passed mechanically by District Magistrate, Jammu, without application of mind. The other grievances cited are that the detention order was not supplied to the petitioner. The father of the petitioner applied for the certified copy of the said order on June 28, 2006, which was issued to him on June 29, 2006. While supporting the stand of the state AAG Mr. Salathia submitted that the petitioner is an active worker/ activist of HM terrorist outfit and remained involved in nefarious activities from 2002 to 2006, as already elaborated in grounds of detention. He further submitted that after the arrest of the petitioner in FIR 3/ 2006, it revealed that his activities were adversely affecting the security of the state, which resulted into passing of the detention order as the same was approved by the State Home Department on June 2, 2006 and ultimately got nod from the Advisory Board as well, Conforming even the entire period of detention of 24 months. According to Mr. Salathia the case of the petitioner has been scrutinized at different levels by perusing the entire record and therefore, it does not lack application of mind.
Justice Virender Singh, after hearing both the sides, observed that Mr. Salathia, however, on the basis of records, very fairly stated that the reasons for detaining the petitioner in writing have not been supplied to him within the statutory period. The order of detention challenged on many grounds including delayed execution. Undisputedly, the unexplained delay vitiates the order of detention and thereafter a duty is cast upon the detaining authority to explain the delay. Non-supplying of the reasons of detention to the petitioner within the statutory period, has been consistently held in various judgments of this Court as vital flaw and enough by its self to quash the detention order. In this contest reference can be made to the judgment delivered in Jehangir Ahmed Khan’s case cited by the counsel for the petitioner. Admittedly the petitioner was already in custody as an under trial prisoner in this factual back-ground. The approach adopted by the detaining authority that petitioner’s remaining at large would indulge him in uncalled for activities (anti-national activities) is unjustified. The petition succeeds and the order of detention dated May 24, 2006, passed by District Magistrate Jammu, is hereby quashed with a direction to the respondents to release the Javed Iqbal forthwith unless required in any other case
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