HC quashes PSA of alleged Hizb activist
Jammu, Aug 13: Justice Hasnain Massodi of Jammu and Kashmir High Court has quashed the detention order under Public Safety Act of Bilal Ahmed Mir son of Abdul Aziz Mir of south Kashmir’s Kulgam district.
The petitioner had challenged the detention order passed by the District Magistrate Kulgam on April 11, 2011.
Quashing the order Justice Hasnain Massodi observed that the detention order was illegal as has violated the Constitutional and Statutory rights of the detenue to make a representation against his detention.
In the instant case the detenue is alleged to be associated with HM outfit, the Court observed adding that however the detenue is not informed with sufficient clarity the organization, with which he is alleged to be associated.
“The words and expressions like “PAK”, “HM”, “POK” are too vague to make the detenue aware of the exact accusation leveled against him. The detaining authority has not to work on assumptions and presumptions that whatever acronyms it is aware of must be necessarily known to the detenue. The reference to the activities of “HM outfit” is rendered meaningless in view of non-description of the organization with which the detenue is alleged to be associated”, the court held.
After elaborating various instances to illustrate that the grounds of detention are vague and ambiguous and bound to keep the detenue guessing about what really was intended to be conveyed by detaining authority, the court observed that it is well settled law that detention needs to be quashed even where one of the grounds relied upon by the Detaining Authority to order detention is vague and ambiguous.
Lastupdate on : Sat, 13 Aug 2011 21:30:00 Makkah time
Lastupdate on : Sat, 13 Aug 2011 18:30:00 GMT
Lastupdate on : Sun, 14 Aug 2011 00:00:00 IST
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