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| HC quashed PSA of OWG of HM | | | EARLY TIMES REPORT
Jammu, Dec 16 J&K High Court Jammu Wing today quashed the detention
order of one Azhar Ali of Kishtwar allegedly working as an Over Ground
Worker (OGW) of Hizb-ul-Mujhadeen (HM) detained by the District
Magistrate Kishtwar under the Public Safety Act.
Justice Hasnain Massodi after hearing Adv MA Bhat for the petitioner
whereas AAG Gagan Basotra for the State observed that the detenue
cannot be in a position to make an effective representation against
the detention order until the material on which the detention order is
based, is supplied to detenue. “The failure on the part of detaining
authority to supply material relied at the time of making detention
order to detenue renders detention order illegal and unconstitutional,
court observed and quashed the detention order passed by District
Magistrate Kishtwar and directed the authorities to release the
detenue from preventive detention.
According to the case that the detenue Azhar Ali s/o Ghulam Mohd Bhat
r/o Village Kejai Tehsil Padder District Kishtwar is alleged to be
Over Ground Worker of Hizbul Mujahdeen and was detained by the order
of District Magistrate Kishtwar passed on May 14, 2011.
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