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HC quashes PSA of detenue
3/20/2020 10:14:59 PM
Early Times Report

Jammu, Mar 20: Justice Sanjeev Kumar quashed the detention order of Bunny Gupta and directed respondents to release the detenu forthwith, provided he is not required in any other case.
While quashing detention order passed by District Magistrate Jammu, Justice Sanjeev Kumar after hearing Adv Anmol Sharma observed that It is not only surprising, but, shocking to note that the District Magistrate, Jammu, who while passing the impugned order of detention, which resulted in curtailing the liberty of the detenu, has conveniently shifted the burden of defending its order on the Senior Superintendent of Police. Filing of the reply affidavit by the Senior Superintendent of Police in reference of detention order clearly substantiate the allegation of the detenu that there was no independent application of mind by the detaining authority and that the detention order was passed only at the behest of police.
More astonishing it is to note that despite direction passed by this Court on 31.10.2019, the complete detention record was also not made available to this Court to find out as to whether the rigors of detention law as contained in the J&K Public Safety Act, 1978 have been strictly followed by the detaining authority or not.
High Court further observed that It may be remembered that a detenu is not a convict and the power to detain is not a power to punish for offences, which an executive authority in his subjective satisfaction believes a citizen to have committed.
When ordinarily criminal law is sufficient to take care, resorts to preventive detention are to be avoided. The detenu has urged several other grounds to attack the order of detention, but, same are not required to be gone into for the simple reason that the order of detention is vitiated for the reasons taken note of hereinabove.
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