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| HC quashes PSA of HM worker | | | EARLY TIMES REPORT
Jammu, June-03 (JNF):- Justice JP Singh of Jammu & Kashmir High Court Jammu Wing quashed the detention of Farid Ahmed Naik s/o Ghulam Nabi Naik of Ramban suspected over ground worker of banned militant outfit Hizbul Mujahdeen who was detained under PSA. According to the detention order Farid Ahmed Naik was arrested by the Banihal Police Station and recovered Rs 20000 Hawal Money, 2 Sim-card, one cell phone and letter on the HM Letter Pad and Rs 450/-. According to police the said Hawala money was for the terrorists and a case u/s 17, 20, 21 & 40 of the Unlawful Activities (Prevention) Act was registered against him and on the basis of this FIR the District Magistrate Ramban ordered the detention of Fareed Ahmed Naik dated under PSA on October 30, 2010. The Court after hearing the parties observed that District Magistrate’s order dated October 30, 2010 suffers from the vice of non-application of mind and is even otherwise unsustainable, in that, while issuing orders for preventive custody of the detenue, neither had he recorded requisite satisfaction that the detenue was likely to be released from custody and when so released would indulge in activities prejudicial to the security of the State nor was there any material on the basis whereof such a finding could be arrived at. With these observations Court allowed the petition and quashed the detention order issued by District Magistrate Ramban on October 30, 2010 Farid Ahmed Naik was ordered to be detained in preventive custody and directed the respondents to release the detenue forthwith from the preventive custody. |
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