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| HC quashes PSA of HM militant | | | EARLY TIMES REPORT
JAMMU, November: 25 (JNF):- Justice JP Singh of J&K High Court Jammu Wing today quashed detention under Public Safety Act of Nazir Ahmed s/o Mohd Yousaf believed to be a militant of Hizbul-Mujahideen.
The petitioner, detainee’s father submitted that the detenue was in judicial custody in case u/s 302/120-B RPC (murder and conspiracy) at Police Station Mahore and there was no likelihood of his release on bail.
District Magistrate vide his order dated November 23, 2009 detained the detenue under PSA for a period of two years. According to the grounds of detention it was submitted that Nazir Ahmed code Umar Gul s/o Mohd Yousaf r/o Village Hariwala, Tehsil Mahore a close associate with banned terrorist organization Hizbul-Mujahideen on March 9, 2009, the detenue received Mobile Call from terrorist Mustaq Bhat code Maqsood for taking terrorist Mustaq code Irfan and Basharat Bn Commander of Hizbul-Mujahideen terrorists outfit up to the house of Noor Hussain alias Nippa r/o Lancha, on this direction the detenue took terrorist Mustaq code Irfan and Basharat to the house of Noor Hussain alias Nippa and these terrorists killed the Noor Hussain in the presence of detenue whereas these terrorists after killing Noor Hussain ran away from the spot. The detenue was arrested and presently the lodged in the judicial custody.
The court after hearing Sheikh Altaf Hussain appearing for the petitioner whereas AAG Gagan Basotra for the state respondents observed that a person though in custody may also be detained in preventive custody, to prevent him from active in any manner pre-judicial to the activities for which preventive detention may be warranted under any law for the time being in force. There is however, that the detaining authority in such a case should be satisfied that the detenue was likely to come out of the custody and indulge in activities for which his detention may be warranted under law. Such satisfaction may be drawn on material sufficient for recording such satisfaction and not mere ipsi dixit of the detaining authority. Neither the record of the detaining authority nor do the affidavits filed by the District Magistrate and the Supt of police indicate about any such material on the basis whereof such a satisfaction could have been recorded that the detenue was likely to be released from the judicial custody where he was facing trial for murder and when so released would indulge in activities prejudicial to the security of the state. District Magistrate’s non-application of mind in directing the petitioner’s detention is thus warranting quashing of detention order and the detention order issued by the District Magistrate Reasi on November 23, 2009 is quashed and directed the respondents to release the petitioner forthwith from custody. JNF
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