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| HC quashes PSA to 3 OGWs | | |
Early Times Report
JAMMU, Mar 25: Justice JP Singh of J&K High Court decided three habeas corpus petitions in a common judgment, quashed the detention order of Abdul Rashid, Noor Din and Hadayat Ullah who were detained under Public Safety Act by the District Magistrate Ramban in three different orders passed on March 17, 2009. According to the police case that the said detenues were hardcore and active over ground workers of banned militant organization HM outfit. This outfit is in league with the other members of the various dreaded terrorists organizations have unleashed reign of terror and fear psychosis not only in the state of J&K but also in various part of country. The militant organization (Umbrella Militants organization have created terror in the society by way of killing innocent citizens of India and in the state whereas these appellants active and hardcore OGW of HM outfit and have constructed a hideout for terrorists in the land of Abdul Rashid for hardcore HM terrorists including HM commander who were involved and wanted in various cases of murder, arms acts and unlawful activities act. The appellants were arrested on January 1, 2009 and bailed out by the Court but on March 17, 2009 they were booked under PSA.
Justice JP Singh after hearing Adv BS Bali appearing for the appellants whereas Deputy AG BR Chandan appeared for the State while quashing the detention order observed that no case having been set-up by respondents that disclosure of the material relied upon by the District Magistrate to the detenues may not be in public interest the omission to supply whole of the material relied upon by the detaining authority to the detenues deprives them to their right to make effect representation against their detention. It appears that detention orders have been passed without any material on records supporting respondents apprehension that the detenues would again involve themselves in militant activities to justify the detenues detention which the judicial magistrate on the similar facts had not found warranted under law. The orders passed by the District Magistarte for preventive detention of Abdul Rashid, Noor Din and Hadayat Ullah are found to have been passed without application of mind and in violation of provisions of Article 22 (5) of the constitution of India and section 13 of J&K Public Safety Act. All these petitions succeeded and are accordingly allowed quashing the order of District Magistrate Ramban passed on March 17, 2009.
High Court directed the respondents to set these three detenues to liberty forthwith unless required in any other case. ---JNF
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