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| HC sets aside PSA | | | EARLY TIMES REPORT
Jammu, June-08 (JNF):- Justice JP Singh of Jammu & Kashmir High Court today allowed a habeas corpus petition filed by Sumit Singh @ Sapan s/o Mohan Singh r/o Mandi Thalora, Samba who was detained under Public Safety Act by the order of District Magistrate Samba issued on August 19, 2010.
While allowing the habeas corpus petition, the Court observed that omission of respondents who supply the police dossiers on which the District Magistrate appears to have placed reliance, as is apparent from his order of detention, where he refer to the initial police dossier and the subsequent police dossier as the documents on which he framed his opinion to issue the detention the order, renders the detention legal, the omission deprive the detenue of his right to make effective representation to Govt order against the detention under PSA. One of the reasons which appear to have weighed with the District Magistrate, as was conveyed to him in the police dossiers was that, there was possibility of the detenue’s indulging in threatening the victims and other witnesses in various cases registered against detenue and is his associates by exercising his might and influence. This part of satisfaction of the District Magistrate is not supported by any material on record. Even other wise in the absence of any material indicating detenue’s intention or attempt to threaten the witnesses or victims, such satisfaction could not have recorded.
The court further observed that Court, therefore, find force in the detenue’s counsel’s submissions that the detenue was deprived of his right to make effective representation to the Govt against his detention in the absence of police dossiers on which District Magistrate had relied upon to record his satisfaction in putting the petitioner in preventive detention (PSA). The order of District Magistrate dated August 19, 2010 is therefore found illegal and in violation of section 13 of J&K Public Safety Act and Article 22 (5) of Constitution of India. With these observations State High Court allowed the habeas corpus petition with a direction to respondent to set Sumit Singh alias Sapan to liberty from preventive custody forthwith.
JNF/JUNE/08/2011/1
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