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HC quashes detention of Pornographer
11/26/2010 10:13:57 PM
EARLY TIMES REPORT
JAMMU, November: 26 (JNF):- Justice JP Singh of Jammu & Kashmir High Court Jammu Wing has quashed detention of photographer Manzoor Ahmed Kiloo who was allegedly involved in taking photographs of girls in obscene position and using for getting wrongful gain and was under the police custody before issuing his order for detention under PSA.
Petitioner Manzoor Ahmed Kiloo challenged his detention passed by District Magistrate Anantnag on June 10, 2010 whereby he was ordered to be detained under PSA on various grounds including that he was deprived of his right to make effective representation to the Govt against the detention order because he was not supplied the material that had weighed with the detaining authority to direct his detention. That the detenue is in police custody in FIR registered u/s 67 of Information Technology Act, Section 5 of Prevention of Immoral Traffic (prevention) Act and sections 292/506 and 385 RPC.
According to the ground of detention the detenue a photographer by profession and running a shop at Dangerpura Anantnag had a separate studio for taking snaps and found quite contrast to the profession of photography. The detenue in his studio taking photographs of the girls in obscene position and using not only for his personal pleasure and also for getting wrongful gain. On June 3, 2010, some of porno/ obscene photographs taken at his studio got exposed in general public in the town of Anantnag. The exposure of these photographs caused lot of resentment which led to serious law in order situation in the district. On June 4, 2010 detenue was arrested by Anantnag police under FIR 231/2010 u/s 67 of Information Technology Act, Section 5 of Prevention of Immoral Traffic (prevention) Act and sections 292/506 and 385 RPC. During search of the lab of detenue in presence of Magistrate, police has seized number of electronic items and investigation conducted so far indicates that detenue was deeply involved arranging photo sessions of girls in his studio in naked condition and than making there CDs and recording in computers and memory chips for ulterior motives. On this ground the DM issued detention orders.
Justice JP Singh after hearing Adv MK Raina appearing for the detenue whereas AAG Gagan Pastoral appearing for the state observed in absence of any material which the detaining authority to indicate that detenue was likely to be released from custody and would again indulged in such activities disturbing peace and tranquility. As such the detention of detenue cannot be sustained and quashed the same with the direction that detenue be released from custody forthwith. JNF
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