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| Detention under PSA of Gole Shah challenged | | HC issues notice to Advocate General | |
Jammu, Nov 14
Detention of Gole Shah under Public Safety Act has been challenged in the High Court on various grounds and serious allegations leveled against the detaining authority.
Justice Hakim Imtiyaz Hussain today after hearing Sr. Adv Z A Shah with Advocate Vipin Gandotra appearing for the petitioner issued notice to Advocate General, with the directions to Registry to list the case in the next week.
In the habeas Corpus petition filed by Mrs. Rajni Gupta w/o Mr. Ravinder Gupta alias Gole Shah, who was detained on September 22, 2006 under the orders of District Magistrate Jammu under the provisions of Public Safety Act, it has been submitted that the husband of the petitioner has been detained on manufactured considerations. Detenue has been deprived and denied safeguards available to him under provisions of the PSA and the Constitution. Detention of the petitioner’s husband has been ordered on the basis of five FIRs in which offences are bailable. Of these, three FIRs are either3-4 years old and one a year old.
The petitioner submitted that her husband had been granted bail in FIRs, but the District Magistrate in the grounds of detention has not at all shown any awareness of these facts. The detention order therefore, suffers from non-application of mind and deserves to be quashed on this ground as well. The detenue has not been served with any documents relied upon of his detention as a matter of record and so he has been incapacitated from making any effective representation to the Government and this detention of the detenue is bad in law.
In the petition it has been alleged that the allegations made against the detenue are vague and baseless and have been manipulated in order to carve out a case against the detenue just for justifying his detention under the PSA and seeking quashment of detention of Ravinder Gupta Gole Shah s/o Mr. Suraj Parkash Gupta r/o Greater Kailash.
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