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| HC quashes detention under PSA of 10th class student | | | EARLY TIMES REPORT
JAMMU, Nov 3: Justice JP Singh of J&K High Court Jammu Wing today quashed the detention order of one Mohammed Javid Naik, who was detained under Public Safety Act vide order dated November 7, 2007 passed by District Magistrate Ramban.
The Xth class student of Government High School Dharm-Gool while on his way to the school in the month of November 2007, was summoned to police post Sangaldan and was later arrested and shifted to Jammu where he was detained pursuant to the orders of District Magistrate Ramban.
District Magistrate Ramban justifying petitioner's preventive detention had stated that the petitioner had been indulging in anti-national and terrorists’ activities which were pre-judicial to the security of the state as such the petitioner was required to be detained under PSA so as to prevent him from acting in any manner pre-judicial to the security of the state.
In the approved for reporting judgment Justice JP Singh observed that none had appeared for the petitioner when this petition was called on for hearing. AAG SC Gupta frankly conceded that all the material which had been relied upon by the District Magistrate, including dossier of Superintendent of Police Ramban and FIR No 30/2006 registered at Police Station Gool, had not been supplied to the detenue. AAG had produced the records of the District Magistrate for perusal.
Justice JP Singh, after perusing the detention records produced by AAG, observed that the respondents had omitted to supply the police dossier and the copy of FIR registered u/s 121-A RPC and 7/27 Arms Act. Non supply of the material which District Magistrate had relied upon in directing petitioner's detention, deprived petitioner of his fundamental right, guaranteed under Article 22 (5) of the Constitution of India, to make an effective representation to the Government against his detention. With these observations, the court quashed the detention order passed by the District Magistrate Ramban on November 7, 2007 and directed respondents to set at liberty the detenue forthwith, if not required, in any other case. JNF |
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