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| HC quashes PSA detention of alleged criminal | | | Early Times Report
Jammu, Jan O5- Justice JP Singh of J&K High Court Jammu today quashed the detention order of Rajesh Singh alias Rajeshwar Singh alias Raju, who was detained under PSA by the order of District Magistrate, passed on March 8, 2008, and directed the respondents to set free the detenue forthwith if not required in any other case.
Justice Singh while allowing the habeas corpus petition filed by the father of detenue and after hearing Adv Jagpaul Singh appearing for the petitioner and Additional Advocate General VK Chopra appearing for the state, observed that detention beyond the period prescribed u/s 15 of PSA is permissible only if the advisory board justifies it on finding sufficient cause for such detention. Rajesh Singh's detention without reference of his case to the advisory board, has thus been rendered unconstitutional and in violation of section 15, 16 and 17 of the Act. Non-supply of the material relied upon by the District Magistrate, to the detenue, too has deprived him of his right to make representation to the Government against his detention. Additional Advocate General’s submission that Rajesh Singh's detention was justified in view of his past activities found unsustainable in view of the omission of the state functionaries to place detenue's case before the advisory board.
Justice Singh, after considering the arguments on both the sides, further observed that court find sufficient force in the submissions made by Advocate Jagpaul Singh appearing for the detenue and Court is of the view that the detention of the detenue being in violation of Article 22 of the Constitution of India allows the petition and quashed the order of District Magistrate, Samba passed on March 8, 2008 with the direction to the respondents to set the detenue at liberty forthwith if not required in any other case. JNF
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