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| HC quashes detention under PSA of law student | | ‘Directs for her immediate release’ | | Early Times Reporter
Jammu | May 3
Allowing the habeas corpus petition filed by Nahida Altaf, a student of Dogra Law College, Justice Bashir Ahmed Kirmani of Jammu and Kashmir High Court today quashed the detention order under PSA passed by District Magistrate Jammu and directed for her immediate release.
According to the prosecution case on September 2, 2007 while traveling in a Maruti Car driven by her father, a police official, the petitioner along with father was arrested after some grenades and thrower were recovered from their vehicle by a checking party, a case was registered u/s 4/5 of Explosive Substances Act r/w section 7/25 Arms Act against them in P/S Akhnoor and she was detained under Public Safety Act vide order November 21, 2007 passed by the District Magistrate Jammu. In the detention grounds it has been mentioned that the petitioner was working with the HM outfit.
Justice BA Kirmani, after hearing Adv PN Raina and Adv Anshuja Sharma appearing for the petitioner and AAG BS Salathia appearing for the state, observed that the grounds of the detention and contents of police challan if accepted un-rebutted do tentatively suggest petitioner's close association with some released militants which together with alleged recovery of arms if stretched further only indicates petitioner fanciful flirtation with the idea of some unusual adventure, but the wrong choice of a medium, presumptively attributed to her younger age and lack of exposure mislead her into a world where there would be nothing except dust and darkness for her. This aspect of the matter agitates in favour of creating space for the petitioner to come back and rejoin the life as a useful member of her family and society at large.
Court further observed that a converse approach may not only destroy her future carrier and life but also convert her into a liability upon the society which has to be avoided to all permissible and practicable extent. With these observations Court allowed the petition and quashed the detention order under PSA passed by DM Jammu on November 21, 2007 with a direction for her immediate release from custody. It is hoped that her detention under impugned order would not result in discontinuation of her studies, which is only means to lead her to light. JNF |
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