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| Suspected HM operatives PSA detention quashed | | | Early Times Report
Jammu, May 08- Allowing habeas corpus petition filed by Mohammed Ashraf Malik son of Abdul Majid Malik of Dharam Jamlan Gool, from whom Rs.1, 31, 900 hawala money was alleged to have been recovered, Justice Muzaffar Hussain Attar of J&K High Court Jammu Wing today quashed the detention order passed by District Magistrate Ramban on November 16, 2008 with the direction that detenue be released from custody forthwith, if not required in any other case.
Justice Muzaffar Hussain, after hearing both the sides, observed that ground of detention would show that the detenue was arrested on October 19, 2007 after Hawala money was allegedly recovered from him. The grounds of detention further reveal that detenue was granted bail by the competent court in FIR N0 64/2007 which was registered against him in Police Station Gool. After the release of detenue from the jail in the said FIR, it is stated in the ground of detention that various inputs information made clear that the detenue is again active in militancy related activities and has established links with various banned dreaded militant organizations. It is further stated that the detenue’s being at large will create disturbance and especially during election time, it is further alleged that the detenue has remained active worker of HM outfit and other militant organizations. The particulars being lacking has thus prevented the detenue from making an effective representation against his detention. The detaining authority while passing detention order has not applied its mind, the detention order thus suffers from lack of application of mind also. With these observations Court quashed the detention order under Public Safety Act. JNF
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