Excelsior Correspondent
JAMMU, Nov 15: State High Court has quashed the detention of alleged militant Khaliq Hussain under PSA as the order passed by the District Magistrate was found arbitrary and a result of non-application of mind.
The order was passed in a habeas corpus petition filed by Khaliq Hussain seeking quashing of District Magistrate, Poonch Order No. 07/PSA of 2010 dated November 27, 2010, whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 on various grounds.
After hearing Advocate Naveen Dutt appearing for the petitioner whereas Senior AAG Gagan Basotra for the State, Justice J P Singh observed, “the Detaining Authority and the State Government were allowed several opportunities to respond to the motion. They have, however, opted not to file any response to the petition. Detention records, which were ordered to be kept available, too have not been produced”.
“In the circumstances, this motion needs consideration on the basis of the available material. The petitioner, arrested in FIR No 166/2010 registered at Police Station Mendhar under Sections 307/212/216/120-B RPC and 2/3 E&IMCO and 7/25 Arms Act, was released on bail on September 23, 2010. The petitioners detention was ordered after a period of two and a half month of his release on bail”, the Court said.
“The grounds of detention on the basis whereof he was ordered to be detained, do not, however, indicate any such omission or activity of the petitioner on the basis whereof it be said that there was apprehension of his indulgence in activities prejudicial either to the security of State or maintenance of public order or such other situation for which his detention in preventive custody be warranted”, the Court further said, adding “the District Magistrate has rather omitted to take notice of the petitioners activities after his release on bail. There is noting on records on the basis whereof any adverse activity be attributed to the petitioner during the period he remained on bail until his detention in preventive custody”.
The order passed by the District Magistrate was found arbitrary by the High Court and a result of non-application of mind of the Detaining Authority. “The Detention Order curtails the petitioners right to personal liberty without any justifiable ground as such the same needs to be set aside to restore his right to personal liberty”, the Court said.
With these observations, High Court quashed the detention order and directed the respondents to release Khaliq Hussain, son of Nazir Hussain forthwith from custody, in case he was not required in any other case.
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