Excelsior Correspondent
JAMMU, Dec 28: State High Court today quashed the detention order of Manawar Hussain Shah alias Babu Shah, son of Habib Hussain Shah of Panag Sharief, district Kotli, Pakistan occupied Kashmir, who was detained under PSA by the order of District Magistrate Poonch.
According to the prosecution case, the detenue entered India on a valid visa through Attari check post on August 6, 2009. He married one Safeena Malik alias Sobia, daughter of Abdul Hamid Malik of Fazalabad on August 22, 2009. The detenue was arrested on December 1, 2009 under Section 18 of Unlawful Activities (Prevention) Act.
The investigation was concluded as proved and accordingly charge sheet was presented in the Sessions Court, Poonch, which acquitted the petitioner and co-accused of the charges. In the meantime, detenue was placed under preventive detention vide order No. 2/PSA of 2010 dated January 8, 2010. This detention order was challenged before the High Court and the same was quashed on June 5, 2010. The detenue-accused remained at large till the second detention order was passed by the detaining authority on November 4, 2011.
After hearing Advocate S A Malik for the detenue whereas Senior AAG Gagan Basotra for the State, Justice Hasnain Massodi observed, “the detaining authority while passing detention order has been influenced by involvement of detenue in case FIR No 168 of 2009 under Section 18 of Unlawful Activities (Prevention) Act. The detention record does not indicate that copy of the FIR or copies of any other documents connected therewith were supplied to the detenue at the time of the execution of detention order”.
“The non supply of material documents must have prevented the detenue from making an effective and meaningful use of constitutional and statutory safeguards guaranteed under Article 22(5) of the Constitution of India and Section 13 of J&K Public Safety Act”, High Court said.
With these observations, High Court quashed the detention order No.7/PSA of 2011 dated November 4, 2011.
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