Excelsior Correspondent
Srinagar, Nov 28: High Court today quashed detention of a person and directed the authorities to release him from the preventive custody forthwith, if not required in any other case.
It is consequent upon a dossier supplied by Senior Superintendent of Police, Pulwama, the District Magistrate, Pulwama vide its order No.68/DMP/PSA/18 dated 27th of November, 2018 ordered the detention of Nisar Ahmad Qazi son of Ghulam Hassan Qazi of Ticken Pulwama under J&K Public Safety Act, 1978 with a view to preventing him from acting in any manner prejudicial to the security of the State.
The detention of the detenue was ordered on the ground that he was an over ground worker of Hizbul Mujahideen and was providing logistic support to the militants who were carrying on their subversive activities with the object to secede State of Jammu and Kashmir from Union of India.
The Writ Court after considering the rival contentions and having gone through the detention record came to the conclusion that there was no legal infirmity in the detention of the detenue and dismissed the petition, primarily , on the ground that the material against the detenue detailed in the grounds of detention was sufficient for the detaining authority to arrive at satisfaction that it was necessary to put the detenue under preventive detention.
The impugned order of the Writ Court has been assailed before the Division Bench and DB comprising of Justice Sanjeev Kumar and Justice Rajnesh Oswal after having heard the parties and perused the record, observed that the view taken by the Writ Court is not a correct view in the eye of law as admittedly, on the date the detention of the detenue was ordered, the detenu was already in jail and was involved in as many as four FIRs registered in the year 2018.
“We accept this appeal, set aside the order of the Writ Court and quash the impugned detention order. As a consequence thereof, respondents are directed to release the detenue forthwith from the preventive custody, if not required in connection with any other case”, DB directed.
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