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| HC quashes PSA of notorious criminal convicted in Bakra murder case | | | Early Times Report
JAMMU, Apr 4: Justice M A Chowdhary has quashed the detention under PSA of Rajesh Dogra @ Mohan Cheer who was granted bail by the High Court in murder case of Bakra. Justice observed that the dossier prepared by the Senior Superintendent of Police Jammu in the order of detention, almost word by word; non furnishing of the whole of the record on which detention order was based; furnishing the material in English and not the language of the detenue; and not informing detenue of his right to make representation before the Detaining Authority within the statutory period, all reflect that the detaining authority has not applied its mind to draw the subjective satisfaction to detain the petitioner and detenue has also been deprived of his fundamental right to make effective and meaningful representation against the detention order to the Detaining Authority and the government.
For the foregoing reasons and the law laid down as above, this petition is allowed. Impugned order of detention number 15 PSA of 2021 dated 29-11-2021 passed by the District Magistrate, Jammu, is, as such, quashed. The detenue is ordered to be released from the preventive custody forthwith provided he is not required in connection with any other case (s). |
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