Excelsior Correspondent
JAMMU, Feb 1: High Court has dismissed the petition filed by Nayeem Ahmad Mir challenging his detention under PSA and upheld the order.
“There is no dispute with the proposition of law that the order of detention can be passed before, during or even after the case is registered and the trial takes place against the detenue”, Justice Puneet Gupta said, adding “the order passed under the Public Safety Act even after eight months of filing of FIR does not make any difference to the case of the petitioner on the ground agitated by the counsel for the petitioner”.
“The order was passed when the detenue was still in custody and was not bailed out in the FIR in question. In case the detention order is passed on consideration after some period of the filing of FIR and arrest of the detenue the same cannot be the ground to quash the detention order”, High Court said, adding “it is not that the petitioner was bailed out a long time back and the detaining authority woke up from slumber to pass detention order on the same facts which resulted into filing of FIR”.
With these observations, High Court found the petition to be without merit and accordingly dismissed the same.
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