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| High Court quashes PSA of detenue | | |
Early Times Report
JAMMU, Oct, 27: Justice Sanjay Dhar quashed the PSA of Tanveer Ahmad. While quashing the order of by District Magistrate, Kishtwar is sought. In terms of the aforesaid order, Tanveer Ahmad son of Ghulam Qadir Ginoo resident of Village Tundar Tehsil Dachhan District Kishtwar has been placed under preventive detention and lodged in District Jail, Kathua, Justice Sanjay Dhar after hearing Yaseer Tak for the petitioner observed that A perusal of the grounds of detention reveals that the incidents referred therein pertain to the year 2012 and 2015, that is more than four years prior to the passing of impugned order of detention. There is no reference to any recent incident involving the petitioner in the grounds of detention. Thus, it is clear that the order of detention has been based on past and stale incidents. From the aforesaid enunciation of the law on the subject, it is clear that there has to be a live and proximate link between the past conduct of the detenue and the activities alleged to be prejudicial to the maintenance of public order. In the instant case, the said link is completely missing as the time between the order of detention and the incidents referred to in the grounds of detention is far too large to presume such a link. The impugned order of detention, therefore, cannot be sustained. —JNF |
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