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| HC dismissed petition rendering in-fructuous | | |
Early Times Report
Jammu, Mar 23: In habeas corpus petition filed by Sarvesh Mahajan alias Kaka of ward No 1 R S Pura District Jammu, against whom detention order under Prevention of Public Safety Act was issued, seeking quashment of the same, Justice Sunil Hali of J&K High Court after hearing Sr. Advocate Sunil Sethi appearing for the petitioner who stated that one Koushal Kumar Sharma was also detained on the same grounds and coordinate bench of this High Court quashed his detention order and produce the copy of judgment passed on November 20, 2008.
Upon this Court observed that the order of detention in this case was passed on January 9, 2008 and was remained in force for a period one year which period has expired on January 9, 2009, the detention order, as such, has ceased to exist under the said circumstances. There is no question of quashing a non-existent as having rendered in-fructuous.
According to the ground of detention that Sarvesh Mahajan allegedly a hard core criminal have let loose reign of terror in the area, thereby vitiated the peaceful atmosphere and tranquility of the area by indulging in number of criminal activities and number of criminal case have been registered against him in various police station of district Jammu.
The alleged criminal has formed a gang of likeminded criminals who always remain armed with deadly weapons and strike at innocent person's peace loving citizens including other ground of detention, Sarvesh Mahajan is also involved in a case of attacked on SHO Inspector Rafiq Manhas and injured him seriously when a police party of Gandhi Nagar police station conducted a raid at the hide out and as per plan the police party raided hideout located at Rehari Colony Jammu late in the evening on November 22, 2007 as soon as Sarvesh noticed the police party attacked them with sharp edge weapons and in the attack SHO Gandhi Nagar Inspector Rafiq Manhas was seriously injured whereas the Kaka tried to escape from the spot after seriously injuring the SHO but the police party overpowered him.
Two sharp edge weapons, dagger, kirch and a 12 bore shot gun with eight live rounds and one anti-cartridge in the barrel were recovered from his possession. On the report submitted by the police to District Magistrate Jammu, the District Magistrate Jammu issued detention order on January 9, 2008 for the detention of Sarvesh Mahajan for a period of one year. (JNF) |
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