Produce detention records of detainees: Court to DMs
‘In Case Of Default Remain Personally Present On Next Hearing’
D A RASHID
Srinagar, Nov 29: High Court on Tuesday asked two District Magistrates (DMs) to produce detention records of two detainees failing which they have to be present in the court on the next date of hearings.
“Counsel for the respondents shall ensure production of detention records on December 8, 2011. In case of any default, District Magistrate Baramulla shall remain personally present in the court,” reads the order passed by Justice Muhammad Yaqoob Mir.
The Court said one week’s time was granted to the government for production of detention records in terms of order passed on November 22, 2011 to produce detention records, which has not been produced.
The court passed the order in the case of Abid Shabir Dar of New Colony Sopore after his counsel Mir Shafaqat Hussain pleaded that the detention order under the Public Safety Act was passed against the detainee on June 9, 2010 while the order was executed in July 2011.
The counsel informed the court that the state did not execute the order for 13 months despite it that the detainee was available as he had been released on the bail.
The counsel has challenged the detention order passed on June 9, 2010 on the ground that the detaining authority had not pointed out in the detention grounds that the detainee was released on bail.
In a similar case of Irshad Ahmad Gosi, the Court directed the District Magistrate Kulgam to ensure production of detention records on next date of hearing and in default he shall remain personally present in the court.
The court passed the direction after counsel for the petitioner, G N Shaheen pleaded before the court that that detention record of the detainee was not produced before the court despite the previous direction to the respondents for its production.
Meanwhile, the court reserved the Judgment on the petition seeking quashment of detention in the Hurriyat activist Mehraj-ud- Din Kalwal after hearing the arguments from the counsel for the petitioner, Mian Abdul Qayoom and the government lawyer.
The court also quashed the detention order of a class 10 student, who was detained under the PSA a few months back. Nazir Ahmad Gilkar son of Nazir Ahmad of Pandan Nowhatta was arrested by the Nowhatta Police in connection with a case filed under FIR No. 54 of 2011.
The counsel for the petitioner pleaded that the detention order was prejudicial to the provisions of law and required to be quashed.
Lastupdate on : Tue, 29 Nov 2011 21:30:00 Makkah time
Lastupdate on : Tue, 29 Nov 2011 18:30:00 GMT
Lastupdate on : Wed, 30 Nov 2011 00:00:00 IST
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