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| HC quashed detention order of alleged militant | | Directs for his immediate release | | Early Times Reporter
Jammu | Apr 11
Justice Bashir Ahmed Kirmani of J&K High Court Jammu wing today quashed the detention of Abdul Qayoom s/o Abdul Gani r/o Village Kudwa, Basantgarh Tehsil Ramnagar who was detained by the order of District Magistrate Udhampur under Public Safety Act.
Abdul Qayoom allegedly activist of Let/Hizbul Mujahdeen has filed this habeas corpus petition through Adv Sindu Sharma seeking quashment of detention passed by the District Magistrate Udhampur under PSA on January 12, 2007 whereby the detenue currently undergoing detention.
Justice Kirmani, after hearing AAG BS Salathia appearing for the State and Adv Sindhu Sharma appearing for petitioner/deteune, observed that counsel appearing for the petitioner submitted that the detenue was jailed on the same grounds and the current detention was quashed by the High Court on November 29, 2006. After 14 months of order passed, instead of release of detenue, the fresh detention order was slapped on him without detaining authority having noticed his previous detention or its quashment which render the current detention bad for want of serious application of mind particularly because the detenue has been absolved of all substantive offences.
Justice Kirmani further observed, admittedly the petitioner has previously also been detained and detention order was quashed in November, 2006 after around years’ of study due to his involvement in various substantive offences, which ex-facie suggested that for around 10 years , the detenue has been in continuous custody, in which situation anything attributing activities prejudicial to security of the state would obviously require a higher degree of scrutiny for the reason that attribution of such activities to a persons suffering confinement has to be well-founded to the extent that the circumstances from which the detaining authority derives satisfaction regarding necessity of having the person detained, must be almost unbending incidentally, however, no such fresh circumstances are revealed by the grounds of detention supplied to the detenue. Detaining authority regarding detenue having been detained previously also and quashment of his earlier detention, as there is no mention of these facts or for that matter that detenue had already been in custody for such a long time as 10 years when the impugned detention order was passed, which again shows that the authority did not apply mind properly, with these observations Court allowed this habeas corpus petition and quashed the detention order of Abdul Qayoom with the direction to release immediately from custody. JNF |
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