Excelsior Correspondent
JAMMU, Dec 1: High Court has quashed the detention of one Sahil Dogra under the Public Safety Act and directed his release if not required in any other case.
The detention of Sahil Dogra was ordered by District Magistrate Udhampur on August 26, 2021 in order to prevent him from acting in any manner prejudicial to the maintenance of public peace and order. The detention was ordered on the grounds that the detenue was a notorious criminal having been involved in series of criminal cases regarding which as many as four FIRs have been registered in Police Station Udhampur.
Challenging the detention order, Advocate Karman Johal appearing for the petitioner submitted that order has been passed without application of mind as detenue has been admitted to bail in all the FIRs.
After hearing counsel for the detenue, Justice Tashi Rabstan observed, “the order of detention is liable to be quashed on the solitary ground that despite number of grounds specifically raised by the detenue in his petition, the detaining authority has chosen not to file any affidavit in rebuttal”, adding “the SSP Udhampur who might have supplied the requisite material in the shape of the dossier to the detaining authority is not a person competent to depose on behalf of the detaining authority”.
“It is not only surprising but shocking to note than the detaining authority has conveniently shifted the burden of defending its order on the SSP”, the High Court said and quashed the order of detention impugned in the petition.
“The respondents are directed to release the detenue forthwith provided he is not required in any other case”, the High Court ordered.
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