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| PSA of alleged HM ultra quashed | | | EARLY TIMES REPORT
Jammu, Nov19: Jammu & Kashmir High Court Jammu Wing today quashed the detention one Mohd Amin Kohli who was detained under PSA by the order District Magistrate Ramban issued on March 29 this year.
Justice JP Singh after hearing both the sides observed that AAG Gagan Basotra appearing for the State stated at the Bar, on the basis of information conveyed to him by the J&K Govt Home Dept that the detenue’s case was not placed before the State Advisory Board and the detention could not be approved within the time prescribed.
District Magistrate Order directing detention order u/s 8 of Act could remain in force only for a period of 12 days unless it was approved by the State Govt for any longer period.
The state Govt having not approved the District Magistrate’s order dated March 29, 2011 and fixed the detention period, Mohd Amin Kohli’s detention in preventive custody is rendered illegal and allow the petition and directed the respondents to set the petitioner Mohd Amin Kohli to liberty forthwith in case he was not required in any other case.
According to the case report the detention the detenue Mohd Amin Kohli despite knowing the sinister and the even design of the Hizbul Mujahdeen a banned militant organization have voluntarily joined the rank and file of the said outfit on the motivation of Slain HM District Commander Abdul Rashid code Qari Zubair. It is further alleged detenue remained associated with the dreaded HM terrorists namely Mustaq Ahmed code Usman, Mohd Iqbal Code Majeed, Nasir Ahmed Naik. He also guided the militants of HM to Sonshi Top and tried to keep the plot of militancy boiling the area by misguiding innocent and poor youth of the area to join the path of terrorism and a case u/s FIR NO 197/2010 u/s 13/8-b/20/unlawful activities (P) Act was registered at P/S Banihal and on this ground DM issued detention order under the Public Safety Act. The detenue challenged the same and seeking quashment of said order.
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