news details |
|
|
| HC quashes PSA of AFAD chairperson | | | Early Times Report
Srinagar, Nov 25: The state high court has quashed detention order under Public Safety Act (PSA) of AFAD chairperson and ordered the government to release him from preventive custody forthwith.
"Personal liberty of an individual is his birth right guaranteed by Article 21 of the Constitution of India and it prescribes that no person shall be deprived of his life and personal liberty without following the procedure established by law," Justice Muzaffar Hussain Attar observed and quashed Khurram Pervez's detention order No DMS/PSA/46/16 passed by the district magistrate, Srinagar.
"Preventive detention law is none such procedure, in terms of which a person can be deprived of his personal liberty. A society, which has catapulted itself to the highest position of democratic values and principles, may not accept the law like the Act of 1978. However, it is deemed appropriate not to dilate on this issue, in as much as, neither the Act of 1978 nor any of its provisions is in challenge in this petition," the court said.
Parvez was put under preventive detention on September 19, minutes after a court ordered his release in connection with a case registered by police against him.
"It is to be reistated that when a person is deprived of his personal liberty by having resort to preventive detention laws, he is not to be brought before any court of law nor the veracity of the grounds of detention is to be adjudged in the court of law. It is in this backdrop that very important safeguards have been prescribed in terms of Article 22 of the Constitution of India and the Act of 1978 to a person, who is deprived of his personal liberty by the act of the state," the court observed.
The single bench said that a duty was cast on courts to ensure complete and faithful compliance of the provisions of the constitution and provisions of the acts of 1978.
"Though it is the duty of the state and its authorities to maintain peace in the society, it is equally their responsibility to ensure that laws, which they invoke to achieve such purpose, are followed and complied with honestly. It is also one of the fundamental duties of paramount importance for the courts of law to ensure that laws of the land are implemented in the right earnest," the court said.
Reverting to the facts of the Pervez'z case, the court said what 'emerges is that his detention is not only illegal but the detaining authority has abused its powers in ordering his detention'.
"Perusal of the grounds of detention would reveal that the detenue has been allegedly found involved in four FIRs in which it is shown that he has committed offences under sections 307, 147, 158, 336, 149 and 332 of RPC. Perusal of the FIRs which have been placed on record and are also available in the record produced by the counsel for the respondents, would show that in none of these FIRs the detenue has been named as accused," the court said, adding that nothing is brought to the notice of the court, either in the grounds of detention or in the reply affidavit that in the investigation of these FIRs involvement of Pervez has surfaced as an accused," the court said.
"In absence of any such material having been brought to the notice of the court, at this stage, it has to be presumed that the detenue is not involved in any of the above said FIRs. It is pleaded that police have filed a complaint under sections 107 and 151 of CrPC before the executive magistrate, south zone, against the detenue on the ground that he was instigating the people, who were coming out from the mosque to raise slogans but it is not stated what slogans he was asking the people to raise. It is the duty of complainant to mention in the complaint that what type of slogans the detenue wanted the people to raise," the court said.
In order to ensure maintenance of peace, the court said if the circumstances so warranted, the executive magistrate could initiate proceedings under section 107 of CrPC and after following the provisions of law, ask the detenue to execute bond for maintaining peace and there would have been no requirement for invoking the provisions of Safety Act.a |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
