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| HC quashes cop’s detention under PSA on technical ground | | | Early Times Reporter
Jammu | Dec 29
Justice JP Singh of J&K High Court, Jammu Wing, quashed detention under PSA of alleged Al-Badar activist Zaffar Iqbal alias Zaffar, a police Cop, involved in various terrorists activities and was detained under Public Safety Act on February 15, 2007.
According to the police case the detenu was appointed as constable and during the service joined the militant activities with terrorist outfit Al-Badar in order to spread anti-national activities in the State as well as in India on the motivation of Pak- trained terrorists of Al-Badar namely Zubar Gul alias Zubar r/o Pakistan. In the year 2002 being a constable of J&K Police was posted as Personal Security Officer to Nazir Ahmed Mir MLC and the said MLC was residing near Ziarat. In the morning November 3, 2002, he threw the grenade near Ziarat Peer Baba, Rajouri in which a girl namely Reeba d/o Javid Mir got serious injureies later on succumbed to her injuries. After throwing the grenade petitioner immediately went inside the house of MLC with whom he was posted as PSO. In this regard FIR was registered u/s 302/ 307/ 120-B/ 121/ 122/ 123 RPC and 3PSS Act in P/S Rajouri. According to the police case petitioner involved in various terrorist activities was detained under PSA.
Justice JP Singh, after hearing Adv Harbans Lal appearing for the petitioner and Additional Advocate General BS Salathia appearing for the State, observed that the records produced by the State Counsel, project a dismal picture and there is absolutely no material worth the name on record on the basis of which the District Magistrate could have either drawn the grounds of detention or recorded his satisfaction as to whether or not the petitioner was required to be detained in preventive custody. The record produced does not contain either the copies of FIRs or the alleged dossier or for that matter any other material, on the basis the grounds of the detention could have been drawn. The thirteen pages record file of DM contains the ground of detention, order dated February 15, 2007 and communication of Financial Commissioner Home dated February 23, 2007. Perusal of order too does not indicate about any material on the basis of which the District Magistrate had issued the order for the detention of petitioner under PSA. This order of DM too discloses his non-application of mind, rather than mentioning about the material such as police dossier etc, in the order, the DM has recorded his satisfaction on the grounds of detention which are stated to have been placed before.
Justice Singh further observed that the DM, who appears to have issued detention order, has not opted to file his counter affidavit. His successor appears to have filed the affidavit which cannot be taken into account for justifying the satisfaction which is stated to have been recorded by the DM who had issued the detention order.
The grounds of detention indicates that after reproducing the grounds of detention of earlier detention order of 2003, the detaining authority had referred to some of the activities of the petitioner in which he stated to have indulged in after his release on bail. These allegations are vague and ambiguous, in that the grounds of detention do not indicate about the date, month and year of these activities when the petitioner stated to be belonging to Al-badar terrorist Organization, had let loose a reign of terror in the area of P/S Manjakot. These vague allegations cannot form basis for curtailing the liberty of a person. Even otherwise in the absence of any material or police dossier with the DM indicating any such activity by the petitioner, no detention order may be conceived. With these observations, Court quashed the detention order passed by DM Rajouri on February 15, 2007. JNF |
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