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12/7/2009 10:35:53 PM
Early Times Report
Jammu, Dec 07- Quashing the detention order of Bashir Ahmed Prehnoo, real brother of Abu Hamza, who had crossed over to PoK in 2002 for arms training on the motivation of LeT militant Rehman, Justice Sunil Hali of Jammu and Kashmir High Court directed the respondents to release the petitioner forthwith if not required in any other case.
After hearing both the sides, Justice Hail observed that in the present case, it is not in dispute that grounds of detention have been served to the detenue, but the dossier/material on the basis of which detention order has been passed has not been supplied to detenue. All that has been supplied is grounds of detention, as revealed from the record. In the opinion of the Court this is fatal and the petitioner’s detention would be illegal. Allowing the petition Justice Hali quashed the detention order passed by District Magistrate Ramban dated November 17, 2009.
The petitioner, detained under PSA vide order dated November 17, 2009 issued by the District Magistrate Ramban, was lodged in the central jail Kot-Bhalwal Jammu. The ground of detention revealed that petitioner is sympathizer, courier and active over ground worker of the banned dreaded Let outfit. It was stated that in the month of October/November 2006, on the direction of Abu Mussa LeT District Commander of Banihal, detenue collected five SIM cards of Airtel from an unknown person at Batmaloo and handed over the same to one Farooq Ahmed Wani at his shop. The grounds further revealed that activities of the detenue as over ground worker; include supply of SIM cards and carrying out the directions by the outfits from time to time. The detenue was arrested by the police Banihal on June 18, 2007 and was shifted to JIC Jammu on June 23, 2007 for sustained interrogation. During interrogation he had revealed all the details of his involvement for carrying out anti-national activities on the instruction of under ground outfit. JNF


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