HC quashes PSA of alleged stone-pelter

KT NEWS SERVICE. Dated: 8/18/2017 1:06:45 AM

SRINAGAR, Aug 17 (JNF): The state High Court quashed detention of an alleged stone pelter under Public Safety Act (PSA).
Justice Ramalinga Sudhakar, while quashing the dentition order of Rouf Ahmad Ganie, observed that instant Habeas Corpus petition has been filed challenging the order of detention bearing number DMB/PSA/02 of 2016 dated August 10, 2016, passed by District Magistrate, Budgam. The detenue, in this case, has been detained under the provisions of Section 8 of J&K Public Safety Act, 1978 on the ground that he has been acting in a manner prejudicial to maintenance of public order.
According to grounds of detention, detenue, 22 years old, is a resident of Agri Kalan Pattan, belonging to a middle class family and a labourer by profession. It is stated that the detenue is a dreaded stone pelter and was responsible for pelting stones in various areas on the vehicles of paramilitary as well as private vehicles causing disturbance to public peace and tranquillity.
It is alleged in grounds of detention that the detenue has been motivating youth of his locality and its adjoining areas to raise anti-national slogans and damage public as well as private properties. It is also stated that detenue was instigating the youth/shopkeepers of Magam area to protest against the police/ security forces.
In this regard, five cases have been registered against him at Police Station, Magam bearing FIR numbers 131 of 2016, 134 of 2016, 135 of 2016, 136 of 2016 and 145 of 2016. The detaining authority was of the view that in order to stop the detenue from indulging in activities which are prejudicial and detrimental to the maintenance of public order, detenue has been detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978. The detention order has been extended from time to time.
High Court observed that the original detention record was produced by AAG which revealed that the relied upon documents were handed over to jail authorities for serving the same on the detenue. Thereafter, it is evident from the detention record that sixteen leaves have been provided to the detenue. However, what are the documents which form part of these sixteen leaves, has not been spelt out. The non-supply of relied upon documents in the manner prescribed under law has caused great prejudice to the detenue, therefore, his detention is liable to be interfered with.
Justice Ramalinga Sudhakar while referring various judgments observed that since the detention order, in this case, suffers from serious errors as pointed out above, same is liable to be set aside.
Accordingly, the instant Habeas Corpus petition was allowed and order of detention bearing number DMB/PSA/02 of 2016 dated August 10, 2016, as extended from time to time, is hereby quashed.
The respondents are directed to release the detenue, Rouf Ahmad Ganie son of Samadullah Ganie of Agri Kalan Tehsil Pattan District Baramulla, from preventive custody forthwith, if not required in any other case.

 

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