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| HC quashes detention under PSA of alleged associate of HM | | | EARLY TIMES REPORT
Jammu, July 27- Justice JP Singh of J&K High Court Jammu Wing today quashed the Government order dated February 4, 2009 and directed the state to release the petitioner forthwith from the preventive custody and imposed cost of Rs 5000.
Justice Singh in the approved for reporting judgment observed that District Magistrate’s order December 19, 2007 was quashed by this Court on September 16, 2008 allowing petitioner’s petition and commanding the respondents to release the detenue forthwith from the preventive custody. The petitioner detenue was however, not released and was re-detained vide detention order NO PSA 2008/20 which was challenged by the detenue by filling habeas corpus petition No 38/2008. It was during the pendency of this habeas corpus petition, J&K Government issued yet another order No 196-Home/ PBV of 2009 for his detention. The petitioner’s brother-in-law has filed this petition seeking Jamali Khan’s release and quashing of the detention order. Justice Singh further observed that there being no material on the record to justify the fresh ground on which the petitioner has been detained and the petitioner’s earlier detention order issued by DM Udhampur on December 19, 2007 having been quashed not only on the technical grounds but also on the ground that there was no material on the record to indicate that when released the detenue would indulge in activities prejudicial to the security of state, thereby disabling the state Government to pass fresh order of detention on the same grounds on which detention order NO PSA-2007/19 dated December 19, 2007 had been quashed. The power exercised by the state functionaries under provisions of J&K PSA 1978, to detain the petitioner in preventive custody is unwary. The petitioner has been deprived of his fundamental right to personal liberty for no good reasons and without there being any material for such deprivation. The Government order No 196-Home-PBV of 2009 dated February 4, 2009 is quashed and the respondents are directed to release the petitioner forthwith from the preventive custody, the court ordered. This judgment was announced by Justice Sunil Hali today. JNF
Detenue Jamali Khan an employee of the Mumbai Mercantile Co-operative bank who was associated with Hizbul Mujahideen outfit, an outlawed terrorist organization, had been engaged by one GM Bhat a hawala courier messenger, facilitator, mobilizer and dispatched rider for handing over to Syed Ali Shah Geelani Chairman Tehreek-e-Hurriyat Srinagar, the Hawala money. On his arrest Rs 46, 89, 500 were recovered from CNG Cylinder along with logo of HM outfit.
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