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| Rambo’s PSA quashed | | | EARLY TIMES REPORT
JAMMU, December: 30 (JNF):- Justice Hakim Imtiyaz Hussain of J&K High Court Jammu Wing has quashed the detention of Harminder Pal Singh alias Rambo of Udhampur who was detained under Public Safety Act by order of District Magistrate Jammu on July 17, 2010.
Advocate AK Sawhney appearing for the petitioner submitted that in the present case the detenue has not been furnished with the relevant record on the basis of which the detaining authority derived its satisfaction to detain the detenue under PSA. He said that non supply of the material has prevented the detenue to make an effective representation. He further said that the detaining authority has acted in the matter in most perfunctory which has rendered the detention illegal.
The court while quashing the detention observed that from the ground of detention and annexures placed on file, there is complete non-application of mind on the part of detaining authority in directing preventive detention of the detenue. In the ground of detention the detenue has been show involved in various criminal cases in which FIRs have been lodged against him but copies of the judgments placed show that in most of these cases the detenue was challaned and his stands already acquitted by the Court. Authority seems to be unaware of all these facts which would show that the authority has acted in the matter is most careless manner.
On perusal of the file, Court found the relevant material on the basis of which the detaining authority has directed preventive detention of the detenue has not been supplied to the detenue in order to make an effective representation. With these observations quashed the detention of the Harimder Pal Singh alias Rambo, with the direction that he be released from custody in this case forthwith provide he is not required in any other case. JNF
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