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| HC quashes detention under PSA of alleged gangster | | |
EARLY TIMES REPORT
JAMMU, FEB 5: In a heabus corpus petition filed by the father of the detenue, Sourav Gupta, who was detained under Public Safety Act vide the order of District Magistrate Samba on May 2, 2008, Justice JP Singh of J&K High Court Jammu Wing, today quashed the detention order with the direction to respondents to release the detenue from preventive custody forthwith if not required in any other case.
Justice Singh, after perusal of the grounds of the detention and the order passed by the District Magistrate Samba, observed that grounds of detention does not indicate District Magistrate’s awareness about petitioner’s being in police custody at the time when the detention order had been passed by him, although the police dossier did not indicate about the arrest of petitioner in FIR No 91/2008. Copies of the FIR’s do not appear to have been supplied to the detenue because the detention records do not contain any such document or entry on the basis it may be said that copy of FIR relied upon by the detaining authority, had been supplied to the detenue.
Justice Singh after hearing Adv Satinder Gupta appearing for the petitioner and Additional Advocate General for the State, further observed that the detention records do not contain any such material indicating petitioner’ likelihood of indulging in activities pre-judicial to the maintenance of public or security of the state. The District Magistrate has relied upon the material which includes FIRs 30/2008 and 91/2008 registered at police station Samba which too has not been supplied to the detenue along with the other grounds of detention thus depriving him of his right to make effective representation to the Government against his detention.
Allowing the petition, petitioner’s detention order by DM Samba dated May 2, 2008 is quashed with the direction to release the petitioner forthwith if not required in any other case, Justice Singh ordered.
According to the police case the detenue Sourav Gupta alias Shammi resident of Samilpur Bari-Brahmana; presently Nanak Nagar Jammu had allegedly formed a biggest criminal gang to create terror among the peaceful citizens of the state. The ordinary law had failed to restrain the detenue from involving into criminal activities and the right to live and safeguard properties was at stake. His criminal activities were highly prejudicial to the maintenance of the public order and tranquility in the area and since the detenue was involved in various cases including attempt to murder and Arms Act and hence he was detained under Public Safety Act which was challenged by the father of detenue through Adv Satinder Gupta
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