Excelsior Correspondent
JAMMU, Mar 6: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Moksha Khajurai Kazmi has upheld the detention under Public Saftey Act of Royal Singh.
“The file reveals that on the basis of the dossier submitted by the SSP, Jammu, the District Magistrate, Jammu after having satisfied passed the order of detention under Section 8(1)(a) of the J&K Public Safety Act, 1978. Further, a perusal of execution report reveals that the order of detention, notice of detention, grounds of detention, dossier of detention, copies of FIRs, statements of witnesses and other related documents were supplied to the appellant-detenu and he acknowledged the same by signing in English”, DB said.
“It also reveals that all the relevant documents were read over and explained to him in the language which he understood fully. It also divulges that detenu was informed that he can make a representation to the Government as well as the detaining authority. Thus, it belies the claim of detenu that the relevant documents were not supplied to him”, the DB said, adding “grounds of detention are definite, proximate and free from any ambiguity”.
“We do not find any force in this contention of counsel for appellant-detenu. Otherwise too, in law there is no bar in passing a detention order against a person who is already in custody in respect of a criminal offence if the detaining authority is subjectively satisfied that detention order should be passed and that there must be cogent material before the authority passing the detention order for inferring that the detenu was likely to be released on bail”, the DB said.
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