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| HC quashes detention under PSA on technical grounds | | Rs. 1.97 lakh hawala racket case | | EARLY TIMES REPORT
JAMMU, Oct 1: Justice Virender Singh of J&K High Court, Jammu wing, has quashed the detention of Jamal Din Mugal, hawala money courier of LeT, who was detained under Public Safety Act.
The alleged accused and his associate were apprehended by Doda police at Pul-Doda on July 6, 2007 along with an amount of Rs 1. 97 lakhs (hawala money), three hand grenades, two KG RDX, three detonators and a mobile phone. The case was registered u/s 7/27 Indian Arms Act under FIR No 85/2007. The detenue came to be arrested in the FIR 85/2007 and thereafter he was admitted to bail on September 6, 2007. The order impugned was passed on December 3, 2007, pursuant to which he was arrested on December 19, 2007. The detenue submitted that so far as his involvement in the aforesaid case is concerned, he was granted bail and had not entered into any activity which was pre-judicial to the security of the state and therefore, the impugned order passed by the District Magistrate Doda is without application of mind as such deserves to be quashed.
Justice Virender Singh, after hearing Adv Anil Sethi appearing for the petitioner and AAG SC Gupta appearing for the state, observed that as fairly admitted by AAG, SC Gupta appearing for the state that the detention record is silent about the involvement of the detenue in any activity pre-judicial to the interest of the state of Union of India, after he was released on bail. Therefore, simply for one isolated act or substantive offence, in which the detenue was granted bail by the competent court, cannot be said to be sufficient ground for detaining him under PSA. Curtailing the liberty of an individual as enshrined under Article 21 of the Constitution of India, is not to be snatched on whims as it has far reaching consequences. Court is of the view that the detenue can derive all advantage from the rational of the judgment titled Gulzar Ahmed Khandey passed by the state High Court for the relief claim. The impugned order of detention needs to be quashed on the sole ground of non-application of mind by the detaining authority, being a very serious flaw which goes deep to the root of the case. With these observations, Court allowed the habeas corpus petition and quashed the detention order passed on December 3, 2007 with the direction to the respondents to release the Jamal Din son of Mohammed Abdullah resident of village Mahakund Tehsil Gool District Ramban from the jail forthwith, provided he is not required in any other case. JNF |
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