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| PSA of hardcore criminal quashed | | | Jammu, June 27 (JNF): Justice JP Singh of J&K High Court Jammu Wing has quashed the detention order of Shafiq alias Shaku alleged Hard Core Criminal passed by District Magistrate Udhampur.
The detention order of Shafiq @ Shaku was issued by the District Magistrate Udhampur on December 19, 2011 whereby he was ordered to be detained under J&K Public Safety Act. The Detenue through his counsel Raghu Mehta Challenged the detention order on various grounds. Neither the copies of the FIRs nor the record/material relied upon by the Detaining Authority was supplied to the detenue as it so appears from the receipt executed by the detenue indicating the material that was supplied to him pursuant to his Detention.
While quashing the detention order under PSA of Shafiq alias Shaku, Justice JP Singh observed that The deprivation of the petitioner's right to personal liberty, without affording him opportunity to make effective representation against the detention to the State Government, therefore, renders his detention illegal being in violation of the provisions of Article 22 (5) of the Constitution of India and Section 13 of the Jammu and Kashmir Public Safety Act, 1978. This Petition, therefore, succeeds and is, accordingly allowed quashing District Magistrate, Udhampur's Order No. PSA-2011/DMU/JC/05 dated December 19, 2011. Court ordered that release the petitioner forthwith if he is not required in any other case. |
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