Early Times Report
SRINAGAR, June 26: Justice MK Hanjura of J&K High Court Srinagar Wing while disposing of two habeas corpus petition quashed the PSA of Irshad Ahmad Khan S/o Ghulam Ahmad Khan R/o Badambagh, Sopore, District Baramulla and Abdul Majeed Mir @ Majnoon S/o Abdul Ahad Mir R/o Bagi Islam, Baramulla, District Baramulla.
Justice MK Hanjura after hearing both the sides in length observed that life and liberty of the citizens of the State are of paramount importance. A duty is cast on the shoulders of the Court to enquire that the decision of the Executive is made upon the matters laid down by the Statute and that these are relevant for arriving at such a decision. A citizen cannot be deprived of personal liberty, guaranteed to him/her by the Constitution and of which, he/she cannot be deprived except in due course of law and for the purposes sanctioned by law.
With these observations Justice MK Hanjura allowed both the petition and quashed the order of detention bearing No. DIVCOM-"K762/2017 dated 1st of November, 2017, passed by the Respondent No.2/Divisional Commissioner, Kashmir, is quashed with a further direction to the respondents to release the person of Abdul Majeed Mir @ Majnoon S/o Abdul Ahad Mir R/o Bagi Islam, Baramulla, District Baramulla, forthwith from the preventive custody, of course, if not required in any other case and also quashed the order of detention bearing No. 155/DMB/PSA/2017 dated 26th of December, 2017, passed by the Respondent No.2/District Magistrate, Baramulla, as extended vide Government order No. Home/PB-V/91 of 2018, dated 1st of February, 2018, is quashed with a further direction to the respondents to release the person of Irshad Ahmad Khan S/o Ghulam Ahmad Khan R/o Badambagh, Sopore, District Baramulla, forthwith from the preventive custody, if not required in any other case. |
