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news details
HC refuses to quash PSA against detenue
3/13/2019 10:30:48 PM
Early Times Report
Jammu, Mar 13: Justice Ali Mohammad Magrey dismissed the petition filed by Mudasir Ahmad Dar, son of Ghulam Mohammad Dar resident of Banderpora Tehsil Bijbehar District Anantnag seeking quashment of detention order no. 60/DMB/PSA/DET/ 2018 dated 11.10.2018, purporting to have been passed by District Magistrate Anantnag.
Justice Ali Mohammad Magrey after hearing Adv MA Qayoom for the detenue whereas Sr. AAG NH Shah for the state observed that perusal of the records would reveal that the detenu has been furnished the grounds of detention along with the requisite material. He has also been informed about his right of making representation against his detention, but the detenu has chosen not to make the representation, therefore, the fault, if any, is attributable to the detenu and not to the detaining authority. Thus, the ground raised vis-a-vis non-furnishing of material to the detenu is rejected, Court observed.
The records would show as to how the detenu has been uncontrollable despite having been framed in various FIRs allegedly for committing various offences including the unlawful activities. The detailed grounds of detention and the records referred to by the detaining authority were sufficient to derive satisfaction as regards the detention of detenu under the provisions of the Act. Thus the order does not appear to be suffering from non-application of mind.
In view of the above fact situation and having regard to the law laid down by the Supreme Court, this petition fails and is dismissed as such. The impugned detention order, accordingly, sustains and is maintained.
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