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| HC quashes detention under PSA of alleged militant | | | Early Times Reporter
JAMMU | Dec 21
Justice Virender Singh of J&K High Court, Jammu Wing, has quashed the detention order passed by the District Magistrate Udhampur on December 14, 2006 against Farooq Abdullah Mir s/o Ghulam Mohd Mir r/o Village Challadh Tehsil Mahore District Udhampur.
Detenu challenged his detention under Public Safety Act through his wife on various grounds including that the detenu was earlier booked in a case u/s 302/452/120-B/121 RPC and 7/27 Arms Act along with two co-accused namely Mumtaz and Mustaq Ahmed, against whom proceedings u/s 512 CrPC were initiated and general warrant of arrest issued in which the detenu was acquitted on November 13, 2006 vide judgment passed by Additional Sessions Judge Reasi and the impugned order of detention was passed on December 14, 2006, after one month of his acquittal, primarily on the basis of allegations contained in the aforesaid FIR and without whispering a word about the outcome of the same, whereby, reflecting non-application of mind by the detaining authority.
Justice Singh, after hearing both the sides and going through the arguments, observed that the criminal case arising out of the FIR No 25/2006 was registered on April 9, 2006 and the detenu was acquitted on November 13, 2006. During this period, he was in custody and authority did not feel the necessity of passing the detention order, may be thinking that it would amount to initiating to parallel proceedings on the same set of allegations, which would not stand the test of Judicial scrutiny. The factual position in the present case is converse as factum of acquittal is altogether concealed. This infirmity makes the detention order very weak, in its nature. The detaining authority could also rely upon the fresh material for its subjective satisfaction but certainly after noticing the factum of acquittal. The same is not the position in this case, so taking the case in hand from any angle, the detention order does not pass the test of judicial review. With these observations, the Court allowed the petition and quashed the detention order passed by DM Udhampur. |
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