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| HC quashes POK national's detention | | | EARLY TIMES REPORT
Jammu, June 5: Justice JP Singh of Jammu & Kashmir High Court, Jammu Wing, today quashed the detention order of District Magistrate Poonch whereby the detenue, Munwar Hussain Shah r/o District Kotil, POK was detained under the Public Safety Act (PSA).
Detneue Munwar Hussain Shah alias Babu Shah was detained by the order of District Magistrate Poonch dated January 8, 2010 under Public Safety Act , when he was already in police custody in FIR No 168/2009 registered at P/S Poonch u/s 18 of Unlawful Activities (Prevention) Act 1967. Senior Advocate SA Salaria appeared for the detenue and submitted the impugned detention order was arbitrary and a result of non-application of mind. The District Magistrate had curtailed the liberty of the petitioner in a mechanical way. The respondents filed their response to the petition and produced detention records. Additional Advocate Genaral, Gagan Basotra appeared for the state and justified the petitioner's detention saying that looking to the activities of the petitioner as detailed in the ground of the detention, the District Magistrate had rightly slapped detention on the petitioner who if released was likely to indulge in activities pre-judicial to the security of the state.
Justice JP Singh after hearing both the sides perused the detention records. He observed that detention records indicate that there was absolutely no material worth the name before the district Magistrate for District Magistrate's coming to the conclusion that the detenue was likely to be released from the police custody and would indulge in activities pre-judicial to the security of the state. As the District Magistrate has ordered petitioner's detention under J&K Public Safety Act without recording requisite satisfaction that he was likely to be released from the custody and would indulge in activities pre-judicial to the security of the state, the petitioner's detention in preventive custody may not be justified and sustainable. With these observations Court quashed the order passed on January 8,2010. The learned Justice also directed the respondents to release the petitioner from preventive custody forthwith if not required in any other case. ----JNF
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