HC quashes PSA of detenue

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STATE TIMES NEWS

JAMMU: Justice Sanjay Dhar quashed Public Safety Act (PSA) of one Tanveer Ahmad, while quashing order of District Magistrate Kishtwar.
In terms of order, Tanveer Ahmad, son of Ghulam Qadir Ginoo, resident of Village Tundar Tehsil Dachhan, District Kishtwar was placed under preventive detention and lodged in District Jail Kathua. Justice Sanjay Dhar after hearing Yaseer Tak for petitioner observed that a perusal of grounds of detention revealed that incidents referred therein pertain to year 2012 and 2015, that is more than four years prior to passing of impugned order of detention. “There is no reference to any recent incident involving petitioner in the grounds of detention. Thus, it is clear that order of detention has been based on past and stale incidents. From aforesaid enunciation of law on the subject, it is clear that there has to be a live and proximate link between past conduct of detenue and activities alleged to be prejudicial to the maintenance of public order. In the instant case, the said link is completely missing as time between the order of detention and incidents referred to is far too large to presume such a link. The impugned order of detention, therefore, cannot be sustained,” he observed.

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