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| HC quashed PSA of associate of ISI | | | EARLY TIMES REPORT
JAMMU, December 08:- Justice Mohd Yaqoob Mir of J&K High Court Jammu Wing today quashed the detention of Nitin Dabur who was detained by the District Magistrate Poonch under Public Safety on May 14, 2010 for a period of two years on the ground that he was allegedly associated with PAK ISI Agency.
The petitioner challenges his detention under various grounds through Advocate PK Kundal.
The ground of detention indicates that the detenue was associated with the Pak ISI Agency so is inculcated to indulge in disrupted activities including arson, blasts and killing of innocent people, is likely to endanger the peace and tranquility and to create sense of insecurity in the minds of the people at large. In the year 2008, the detenue is shown to have been arrested along with two other persons while driving a Motor-Cycle whereas the detenue fled away from the spot and two pillion riders were arrested. From the possession of those pillion riders Rs 9500/- and Rs 8500 of fake Indian Currency was recovered so a case was registered. Again on November 20, 2009, fake Indian Currency amounting Rs 4.35 lacs was recovered and a case was registered as FIR No 64/2009. The counsel for the petitioner submitted that the order of detention suffers from lack of application of mind.
Court after hearing Advocate PK Kundal appearing for the petitioner and whereas AAG Gagan Basotra appearing for the state observed that from the perusal of records it is found that the material framing base for the grounds of detention has not been supplied to the detenue which in term has deprived the petitioner from making an effective representation which is guaranteed right under Article 22 (5) of the constitution of India. With these observations Court quashed the order of detention passed by District Magistrate Poonch. JNF
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