Excelsior Correspondent
JAMMU, Jan 30: High Court of Jammu and Kashmir and Ladakh has quashed the detention under PSA of Shahbaz Ahmed, an alleged anti-national element.
After hearing both the sides, Justice Rahul Bharti observed, “personal liberty of a citizen of India, notwithstanding any alleged desperate characterization and profiling of him by law and enforcement authority/agency, cannot be fiddled with without adopting due course of law that too in letter and spirit”.
“The respondents in their counter affidavit have least bothered to explain as to how come the petitioner was already in the catch and custody of the Police Station Mahore a day before the execution of the detention warrant to be simply handed over at the asking of the Executing Officer Inspector Arun Singh of DPL Reasi”, High Court said.
“In view of this serious lacuna with respect to the very detainment of the petitioner in purported reference to the execution of the detention warrant, the detainment of the petitioner under the preventive detention jurisdiction is held to be illegal and deserves to be quashed”, court said while allowing the petition and accordingly quashed the preventive detention order No. 02-PSA of 2023 dated 20.02.2023 whereby the petitioner has been subjected to preventive detention.
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