HC quashes PSA of alleged criminal
01/02/2024
Jammu, Jan 31: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court quashed the detention under PSA of Mohd. Ayaz alias Shantoo who was according to police is a dreaded criminal.
Justice Rajnesh Oswal after hearing Sheikh Shakeel Ahmed for the petitioner, observed that the representation made against the order of detention to the respondents has not been considered by them. The perusal of Record produced by the respondents would reveal that the representation submitted by the father of the petitioner was forwarded to Special DG Police, CID J&K by the respondent No.1 vide communication dated 22.6.2023 but the same was not decided either by the respondent No. 1 or respondent No.2. The respondent No.1 has confirmed the order of detention vide order dated 24.7.2023, after obtaining the opinion from the Advisory Board when representation was already forwarded by the respondent No.1to Special DG Police, CID J&K vide communication dated by 22.6.2023. Non consideration of representation is violative of the constitutional as well as the statutory rights of the petitioner, Court said. With these observations, Court ordered that the order of detention bearing No. 06 of 2023 dated 10.5.2023 issued by respondent No. 2 under section 8(1)(a) of the Public Safety Act, 1978 is quashed. The petitioner be released forthwith, if not required in any other case.
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