Excelsior Correspondent
JAMMU, Sept 29: Jammu & Kashmir and Ladakh High Court today quashed the detention under PSA of a gangster Rajesh Dogra alias Mohan.
After hearing Advocate Aseem Sawhney for the petitioner, Justice Sanjay Dhar observed, “perusal of the record shows that the contention of the petitioner is well founded. The earlier detention order dated 29.11.2021 was based upon the grounds of detention that was bearing reference to FIR No. 77/1993 of Police Station, Pacca Danga, FIR No. 201/1996 of Police Station, Pacca Danga, FIR No. 56/1998 of Police Station, Jammu City, FIR No. 147/1998 of Police Station, Udhampur, FIR No. 89/2006 of Police Station Gangyal, Jammu, FIR No. 140/2006 of Police Station, Bahu Fort, and FIR No. 79/2020 of Police Station, Gharota, Jammu”.
“The said detention order has been quashed by this court in terms of judgment dated 01.04.2022. Without making any reference to the said judgment or even to the fact that the earlier detention of the petitioner had been quashed, the grounds of detention have been formulated by the District Magistrate that has become the basis of passing of the impugned order of detention”, High Court observed.
High Court further observed, “either the fact relating to quashment of the earlier detention order was not brought to the notice of the District Magistrate or the District Magistrate has conveniently ignored to take note of the said fact”, adding “in either eventuality, it reflects non application of mind on the part of the Detaining Authority as it is quite possible that if the fact relating to quashment of earlier detention order would have come to the notice of the Authority, and the same would have been considered by the Detaining Authority, the impugned order may not have been passed”.
With these observations, High Court quashed the impugned order of detention and directed that the detenue/petitioner be released from the preventive custody forthwith provided he is not required in connection with any other case.
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