Alam challenges detention
HC admits petition
D A RASHID
Srinagar, Jan 12: The High Court on Thursday admitted the writ petition seeking quashment of detention order slapped on Hurriyat (G) leader Masarat Alam’s under Public Safety Act (PSA).
A vacation bench of Jammu and Kashmir High Court asked the government to file counter affidavit to the petition within four weeks.
Counsel for the petitioner, Muhammad Ashraf Wani pleaded that the detention order against Masarat Alam approved by District Magistrate Srinagar on December 30, 2011 is illegal and against the provisions of law.
“The grounds of detention for the petitioner are same under which he was detained in the past and there is no fresh ground to vindicate the detention,” the counsel pleaded.
He argued that the detention order slapped on the petitioner on August 4, 2011 was challenged in a petition by the detainee before the High Court that was allowed by the court on December, 23, 2011 and the government was directed to release him immediately if he was not involved in any other case.
The counsel argued that instead of releasing Masarat Alam, the government detained him by virtue of fresh detention order under the provisions of PSA, which he said was illegal improper and beyond the provisions of law.
The counsel informed the court that Masarat was detained under PSA several times and each time the same grounds were relied upon by the District Magistrate Srinagar to detain him. “Law does not permit to repeat the detention grounds and the petitioner has been detained illegally vide order DMS/PSA/55 dated 30-12-2011 as the order is based on the same grounds against which he was detained before,” the counsel argued.
After, the court quashed the detention order of Alam on December 23, 2011, he was arrested and lodged in Police Station Shaheedgunj on the grounds that he was not granted bail in FIR no 74/2010 of Police Station ShaheedGunj and was arrested in the said case on December 30, 2011.
Lastupdate on : Thu, 12 Jan 2012 21:30:00 Makkah time
Lastupdate on : Thu, 12 Jan 2012 18:30:00 GMT
Lastupdate on : Fri, 13 Jan 2012 00:00:00 IST
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