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High Court orders release of detenue from ‘illegal’ detention
2/29/2008 11:06:42 PM
Early Times Reporter
Jammu | Feb 29
Justice J. P. Singh of High Court of Judicature in a judgment quashed the detention order of Javed Iqbal and ordered to set him to liberty forthwith, in case not involved in any other case.
Javed Iqbal's earlier detention under J&K Public Safety Act was quashed by High Court on 18.05.2007, was taken into custody, under Section 18 of Unlawful Activities (Prevention) Act. While in custody, another detention order was passed by District Magistrate, Jammu, for his constant involvement in hatching conspiracies with other jailed militants of banned outfit while keeping the pot of subversive and disruptive activities boiling.
Javed Iqbal's earlier detention under J&K Public Safety Act was quashed by High Court on 18.05.2007, was taken into custody, under Section 18 of Unlawful Activities (Prevention) Act. While in custody, another detention order was passed by District Magistrate, Jammu, for his constant involvement in hatching conspiracies with other jailed militants of banned outfit while keeping the pot of subversive and disruptive activities boiling.
The counsel for petitioner argued that grounds on the basis of second detention order was issued, while reiterating earlier grounds, is impermissible as no was no material justifying his detention. Mr. B. S. Slathia, AAG submitted that detention of Javed Iqbal was justified in view of his activities noticed during period of earlier detention.
High Court further observed that "detention records do not contain any material on basis whereof it may be said that petitioner had been supplied material on basis whereof vague grounds were drawn by District Magistrate. The detention of petitioner on these vague grounds must, therefore, fail."
High Court while illegal detention held that "the additional ground is significantly silent about particulars and names of contacts with whom the petitioner is stated to have been in touch during his alleged working for terrorists and facilitating anti-national activities in State."
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