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| DM can detain for 12 days under PSA: HC | | | EARLY TIMES REPORT
Jammu, May-31 (JNF):- In a landmark judgement the state high court today ruled that the District Mnagistrate has powers to detain a person under Public Safety Act (PSA) for 12 days only. The order was while quashing the detention of Abdul Hamid S/o Ibrahim Village Simbli Tehsil Mahore District Reasi over ground Worker of JeM who was detained by the District Magistrate Udhampur for a period of two years.
According to the police Abdul Hamid was active over ground worker of banned Organization JeM and having linked with various other militants’ organizations. The aim of the Organizations is to spread panic and chose among the peaceful leaving citizens of the state and country in order to separate J&K State from Union of India by killing innocent persons, security force personal by using highly improvised explosive materials and automatic weapons.
Abdul Hamid challenged the detention order under PSA by District Magistrate Udhampur on July 14, 2010 whereby the petitioner came to be detained for a period of two years.
While allowing the habeas corpus petition filed by the petitioner, the court observed that the detaining authority (District Magistrate) has passed the detention order for a period of two years . “He no power to do so in terms of section 8 (4) of PSA Act. The detention order passed by District Magistrate Udhampur shall not remain inforce for more than 12 days, unless in the meanwhile it has been approved by the Govt. On this ground also detention of the detenue is bad in law is required to be quashed. The detenue was arrested in FIR 138/2009 registered at P/S Mahore and is facing trial as and under trial, but despite of that the detention order came to be passed which is suggested of the fact that the order has been passed without application of mind. The District Magistrate Udhampur has the power to issue detention order within his own district, but he has not power to issue order of detention behind the jurisdiction. He has no power to issue orders which pertains to District Reasi. With these observations Court quashed the detention order of Abdul Hamid. JNF
JNF/MAY/31/2011/1
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