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| HC quashes detention under PSA of alleged militant guide | | |
Early Times Report
Jammu, Mar 6- While allowing the habeas corpus petition filed by Altaf Hussain a Government employee turned Over Ground Worker and guide of Hizb-ul-Mujahdeen who was detained under PSA Act by the order District Magistrate Rajouri issued on May 17, 2008, Justice Virender Singh of Jammu and Kashmir High Court, after hearing both the sides, quashed the aforesaid order and directed the respondents to release the the detenue if not required in any other case.
With regard to the prayer of the petitioner for compensation, the Court observed that in view of the totality of facts and circumstances of the present case and the bonafides projected by the District Magistrate in his affidavit dated December 31, 2008, court do not intend to pass any order in favour of the alleged detenue in this regard.
Altaf Hussain son of Mohammed Din of Raj Nagar Buddal, District Rajouri before joining as Chowkidar in Rural Development Department, was running a tea-stall in Raj Nagar Bazaar and was anxious to establish contacts with terrorist operating for their subversive activities in the jurisdiction of Police Station Buddal. As per the report of SSP Rajouri Altaf Hussain started activities as over ground worker of HM outfit during the year 2005 and remained associated with number of Pak and local terrorists of HM outfit namely code Asif, Code Ashraf, Code Babar and deserted SPO Mohammed Yasin turned terrorists (since killed). The militant movements started in the native village of Altaf Hussain during the year 1995-96, the militants of different outfit had been visiting his house. On the motivation of HM terrorists, one of the brothers of detenue namely Mushtaq Ahmed joined militancy during the year 1998 and had crossed over to POK and is continuously residing and abetting terrorism from across the border.
In the ground of detention it has been alleged that on October 6, 2005 detenue was working as guide of HM terrorist outfit, took terrorist group to village Guleer where terrorists disclosed the names of 10/15 civilians on the hit list. However, detenue kept mum and did not inform anybody about evil designs of terrorists. On October 10, 2005 detenue accompanying with the terrorist to guide them to get identified inhabitation of minority community in Mohra Dhar Goobar where terrorists massacred 10 innocent belonging to minority community and created havoc in the area. Due to the sabotage act of the ANES large numbers of people migrated from their villages due to fear and scar. On October 17, 2005 detenue was apprehended by the security forces and thereafter taken into custody in case FIR 45/2005 and 46/2005, the detenue secured bail in both the cases and again arrested in FIR 1/2007 registered with Police station JIC Jammu. The accused was detained under Public Safety Act in order to deter him from further indulging in anti- national activities which was challenged by the petitioner through a habeas corpus petition. JNF
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