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HC quashes PSA of detenue
12/14/2010 12:44:27 AM
EARLY TIMES REPORT
JAMMU, Dec 13 (JNF): Justice Mansoor Ahmed Mir today quashed detention order under Public Safety Act passed by District Magistrate Reasi against Asgar Hussain Shah son of Haji Ghulam Hussain, a resident of Sher Garhi in Tehsil Mahore of District Reasi.
Justice Mansoor Ahmed Mir after hearing both sides observed that in the given circumstances, respondents could have followed mandate of CrPC to prevent breach of peace instead of passing the impugned order. Counsel for the respondents was asked to show whether allegations and recommendations made by the police in the order passed by detaining authority fall within ambit of the provisions of act and whether mandate of act has been followed. .
With these observations, Court quashed detention order passed by District Magistrate Reasi whereby the detenue was detained under PSA for 12 months. According to the ground of detentions, SSP Reasi videletter dated September 27, 2007 alongwith dossier alleged that Asgar Hussain was involved along with other co-accused in alleged cow Slaughtering.
In this regard, an FIR NO 109/2010 u/s 289-A RPC was registered against him and co-accused at police station Mahore. DM Reasi on September 28, 2010 passed detention order under Public Safety Act. The detenue challenged his detention order through Advocate SA Hussain on various grounds.
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