Early Times Report
Srinagar, Nov 17: The state high court has quashed detention order under Public Safety Act passed by district magistrate, Doda, against a lawyer in Augusts this year.
"Detention order No 20-28/PSA/DM/ Doda/ of August 14, 2016 issued by the district magistrate, Doda, is quashed with further direction to release Hassan Babar forthwith from preventive detention", Justice Muzaffar Hussain Attar ordered.
The district magistrate, in the detention order, had directed Babar's detention in Central Jail, Kot- Bhalwal, Jammu, for the period determined by the advisory board. Challenging the detention order through his wife, Babar had prayed court to quash it and release him from the custody.
The additional advocate general opposed the plea and sought its dismissal on the ground that Babar due to his activities had caused "threat to the public order leaving no option with the detaining authority to invoke the provisions of the public safety act of 1978 to order for his detention."
However, the court said though the ground of detention contained serious allegations against Babar, the allegations had not to be proved or disproved in the instant proceedings for that such person can be prosecuted in a criminal court of law and on successful completion of trial he can be convicted or sentenced.
Referring the judgment of Supreme Court-G M Shah v/s State of J&K in 1980, the court said the detention order in light of the verdict was illegal. "This court in view of the law laid down by Supreme Court, which is binding on all, in terms of article 14 of the Indian Constitution, has no option but to declare the impugned order of detention to be illegal," the court added, while underlining that personal liberty was paramount because 'Right to personal liberty' is recognized by Article 21 of the constitution of India. |
