HC quashes PSA detention of timber smuggler
Srinagar, June 11: The J&K High Court has quashed the detention order of a timber smuggler on the grounds that the detaining authority had “not applied the mind properly while slapping the Public Safety Act against the detainee.”
After quashing the detention, the court directed the respondents to release the detainee immediately if he was not involved in any other offence.
A bench of High Court while quashing the detention order of Muhammad Shafi Chowhan of Budgam held that the detention order does not survive the legal test.
The court observed that the “contents of the dossier have been simply copied with addition or alteration of immaterial words.”
“Then in the order of detention, District Magistrate has mentioned that he has perused the material, dossier and other connected documents but has not said anything about the grounds of detention,” the court held.
The court said “It is the duty of the detaining authority to carefully examine all the material produced before him and thereafter formulate the grounds of detention to derive subjective satisfaction regarding the detention”.
An FIR was lodged against Chohan for assaulting the forest officials and he was detained under PSA for being a “chronic forest smuggler in district Budgam.” The detainee was subsequently lodged in District Jail Kot-Balwal to serve one year imprisonment.
Senior counsel, Bashir Ahmad Bashir, representing the detainee told the court that only three cases each in 2008, 2009 and 2010 against the detainee do not suggest that he is a habitual timber smuggler.
He pleaded that the detention grounds against the detainee are beyond legal ambit and is infringing upon his rights.
The state government was represented by S A Vakil in the case.
Lastupdate on : Mon, 11 Jun 2012 21:30:00 Makkah time
Lastupdate on : Mon, 11 Jun 2012 18:30:00 GMT
Lastupdate on : Tue, 12 Jun 2012 00:00:00 IST
- MORE FROM KASHMIR
- Interlocutors polarized JK on ethnic, communal lines: Dr Mehboob Beg
- Rajendra reviews traffic management
- We have to move forward with a united face: Malik
- Non-PSC Registrars in GMC hospitals seek end to ‘pay disparity’
- ‘Effective monitoring of pvt schools soon’
- HC quashes PSA detention of timber smuggler
- Need to make teaching-learning situation emotional: Prof Madhosh
- YAIKS calls off strike after ‘CM’s assurance’
- Probe happenings during Major Avtar’s posting in JK: CCS
- Transfers, postings in administration
- Protests against Mantri’s PRO rock Baramulla
- Guv visits yatra base camps
Islamabad (Anantnag), June 11: Blaming New Delhi appointed interlocutors for “polarizing” J&K on ethnic and communal lines, senior National Conference leader and Parliamentarian Dr Mehboob Beg Monday More
- Srinagar City
Years on police, SMC sleep on roadside parking mess
TRAFFIC TROUBLE PART 2
GK CITY CORRESPONDENT
Srinagar, June 11: Karan Nagar main road, a key link to City’s two prime hospitals –the SMHS and the SK Institute of Medical Sciences (SKIMS) Soura –is often in a mess due to roadside parking of hundreds More
Jammu, June 11: Legal hiccups and official apathy has grounded the two year old proposal of Jammu Development Authority (JDA) to construct shopping complexes on its vacant land in various parts of Jammu More
INDO ASIAN NEWS SERVICE
London, June 11: A low-carbohydrate diet may not be good for the heart as it has been linked with higher cholesterol levels, a study says. The research, conducted in Sweden over 25 years, tracked More
- Education and Career
Aryans Renews MoU With Navjyoti Foundation
Chandigarh, June 11: Started around two years ago with an aim to provide quality education to students from economically weaker background, the objective was again revived when Aryans Group of Colleges More