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| HC quashes detention of JeM’s alleged hardcore activist | | | EARLY TIMES REPORT
Jammu, Dec 9: Justice JP Singh of J&K High Court Jammu Wing in a significant judgment quashed detention of Javed Iqbal Khan alleged hardcore over ground worker of Jiash-E-Mohammad, a banned militant organization, and directed the respondents to set the detenue to liberty forthwith if not required in any other case. .
After hearing Adv Shahzad Ahmed appearing for the detenue and Additional Advocate Gneral VK Chopra appearing for the state and after going through the detention record and referring judgment of Supreme Court of India, Justice Singh observed that detenue does not appear to have been supplied the whole material which had been relied upon by the District Magistrate Jammu at the time he had passed the detention order. The detenue is shown to have been supplied only the grounds of detention and nothing beyond that, the detenue is therefore, right in complaining non-supply of the material to him thus depriving him of his constitutional right to make effective representation against his detention. The detention therefore becomes unsustainable being violative of Article 22 (5) of the Constitution of India and section 13 of J&K PSA. With this observation the Court allowed the petition and quashed the detention order passed by the District Magistrate on October 27, 2007 with the direction to the respondents to set the petitioner to liberty forthwith, if not required in any other case.
According to the case projected by the petitioner in the habeas corpus petition filed through the father of detenue, the detenue was in police custody when District Magistrate Jammu had ordered his detention under J&K Public Safety Act on the ground that in the event his release on bail, he was likely to revive his anti-national activities in future also which would pose a serious threat to the security of the State. |
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