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| HC quashes PSA of alleged notorious criminal | | | Early Times Report
JAMMU, Oct 20: Puneet Gupta of Jammu & Kashmir and Ladakh High Court quashed the detention under PSA of Babbar Khan alleged notorious criminal.
Justice Puneet Gupta after hearing Adv Aseem Sawhney appearing for the petitioner whereas Deputy AG Pawan Dev Singh appearing for the UT, observed that 8. The detention order in question does not reveal of the earlier detention order passed against the petitioner and its quashment in LPA by the Division Bench. The record also reveals of detention order passed against the petitioner in the year 2018 and the same being quashed by the court in the petition filed by the petitioner. The same should have found mention in the detention order questioned in the present petition. Why this relevant fact was not been mentioned in the detention order is best known to the respondent No.2. The petitioner was on bail in the last FIR mentioned in the detention order that is 136 of 2022 registered with Police Station, Nowabad but again this fact is not mentioned in the detention order. This also speaks of non-application of mind of the detaining authority while passing the order. The detention order cannot be passed against the person as a matter of routine but only after taking into consideration all the circumstances and also mentioning the same in the detention order so that the person is not deprived of all the material facts which should have found mention in the detention order.
The petitioner could be proceeded by the authorities without invoking the detention order. It is trite proposition of law that where the authority could proceed against the person through ordinary law then the detention order need not be invoked and pressed into service by the concerned authority, Court said.
Court further observed that the preventive detention is a measure not to punish the person but to prevent some anticipated action of the person against whom the detention order is passed. The liberty of the person gets compromised wherein the detention order is passed on the grounds which cannot be said to be germane for the purpose for which it is passed and the order of detention is prima facie not passed on well settled principles. The detention order is required to be quashed on the aforesaid grounds itself. The contention raised in the petition that the material was not supplied to him or that the petitioner was not made to understand the material provided to him while executing the warrant of detention cannot be accepted. The execution report meets the argument of the petitioner itself, the petitioner being signatory to the aforesaid circumstance. In the light of the aforesaid discussion, the detention order, impugned in the present petition, is quashed and the petitioner is directed to be released forthwith if not required in any other case. |
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