HC quashes PSA detention of Pak citizen
Was booked twice under the Act
Srinagar, Dec 24: The High Court has quashed the detention of a Pakistani citizen under Public Safety Act, directing the State to release him if he was not wanted in any other case.
Police arrested Tefheen Akmal Hashmie of Proshah Pakistan in November 2005 and booked him under FIR No 69/2006. He was shifted to police station D H Pora, Kulgam. Subsequently, he was detained under PSA order no. Det/PSA/06/85 on October 30, 2006 passed by District Magistrate Islamabad and shifted to Kotbalwal Jail.
His detention was extended by re-imposition of PSA in November 2008 passed by Deputy Director, Home Department.
Tefheen filed a petition through Advocate Mir Shafaqat Hussain for quashing his detention.
The counsel pleaded that his client was already in jail in connection with FIR No. 69/06 of Kulgam police station and FIR No 70/-6 of Police Station Ghogota Jammu and there was no compelling reason for passing the detention order against the detainee. “The grounds of detention were illegal and deserved to be quashed. The detaining authority had not furnished copy of the two FIRs, dossier, statement of witnesses recorded by the police under section 161 of CrPC,” he said.
“Non-supply of material prevented the detainee from making an effective representation against his detention. This is total violation of Article 22(5) of Constitution of India,” Shafaqat pleaded.
The counsel said for the past three years SHO Kulgam had failed to present a chargesheet of case FIR NO 69/06 under section 13/20 UL Activities Act, 14 Foreigners Act.
“If a criminal case is registered against a person, it is the bounding duty of the police agencies to present a chargesheet against the detainee and the accused shall be also provided opportunity to prove his innocence even if he is not the citizen of India,” he said.
The prosecution, Deputy Advocate General, G Mustafa, said Tefheen being a Pakistani citizen and a trained militant was Divisional Commander range Udhampur of Al-Badr outfit. He said Tefheen took part in Kargil war as a militant and infiltrated into Kashmir through Kalaroos Kupwara in 2005 to fight against the sovereignty and integrity of India. The prosecution said the detainee was supplied all the required material.
After hearing the submission of the counsels, the court quashed the impugned detention orders, directing the state government to release the detainee forthwith provided he was not involved in any other case.
Lastupdate on : Thu, 24 Dec 2009 21:30:00 Makkah time
Lastupdate on : Thu, 24 Dec 2009 18:30:00 GMT
Lastupdate on : Fri, 25 Dec 2009 00:00:00 IST
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