The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

HC orders release of ‘Iff Toath’, other detainee 

INS Correspondent by INS Correspondent
November 1, 2017
A A
Accused can’t be punished on moral conviction or suspicion: HC 
Share on FacebookShare on TwitterWhatsappTelegramEmail

RELATED POSTS

MeT predicts rain, thunderstorm till tomorrow

Eid-ul-Azha: JKCSF-JKPUF urge timely redressal of public, education, welfare sector issues

Speaker to discuss functioning of House Committees tomorrow

Srinagar: Observing that an exceptional case has to be made out for passing the preventive order, the Jammu and Kashmir High Court has quashed detention orders under Public Safety Act against two detainees including ‘Iff Toath’ and ordered their release from preventive detention.
A bench of Justice Mohammad Yaqoob Mir quashed the detention order (No.21/DMB/PSA/2017), passed by District Magistrate Baramulla on 8 May this year against Mohammad Abdullah Bhat alias ‘Iff Toath’ who is lodged in Central Jail, Kotbalwal Jammu. Bhat’s counsel G. N. Shaheen contended that he was not allowed an effective representation against the detention order by not supplying the material forming base for the grounds of detention and the consequent order of detention. He said grounds of detention are in English language besides being in a hyper technical language and that translated copies were not provided to Bhat so he could understand the same.
“The constitutional philosophy of personal liberty is an idealistic view, the curtailment of liberty for reasons of States’ security, public order, disruption of national economic discipline etc. being envisaged as a necessary evil to be administered under strict constitutional restrictions,” the court said, underling personal liberty protected under Article 21 of the Constitution of India is so sacrosanct and so high in the scale of constitutional values that it is the obligation of the detaining authority to show that the detention meticulously accords with the procedure established by law.
“In short, an exceptional case has to be made out for passing the preventive order, still then procedural safeguards are to be respected. Breach in observing the procedural safeguards gives right to the (detainee) to claim that he has been prejudiced as his liberty has been curtailed de horse the law,” the court said and quashed the detention order against Bhat.
“Detainee is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case(s),” the court said. The court also ordered release of Abdul Khaliq Regu of Baramulla after quashing detention order under PSA against him.
“The object of preventive custody is to deter a person from acting in any manner, in the present case prejudicial to the security of the State. The object of detention has been totally misused. There was no requirement of passing impugned order of detention when (Regu) after release had been taken into custody in connection with criminal case,” the court said, “Again a question mark when earlier order of detention was quashed, it was directed that (Regu) shall be released forthwith provided he is not required in connection with any other case. The case FIR No. 273/2016 PS
Baramulla was already registered against (Regu). How he has been shown released on 3-06-2017 and then re-arrested on 16-06-2017, is a million dollar question which has remained unanswered.”
Subsequently, the court quashed the PSA detention order and directed authorities to release him
forthwith “provided he is not required in connection with any other case.”
Buy JNews
ADVERTISEMENT
Previous Post

Valley based fruit growers, dealers demand ‘roll back GST on packaging material’

Next Post

Saffron production in 2016-17 4.28 kgs per hectare

INS Correspondent

INS Correspondent

Related Posts

Weather to remain cloudy till Oct 28
Regional

MeT predicts rain, thunderstorm till tomorrow

June 2, 2025
JKCSF hopes for comprehensive overhaul of J&K’s education system
Regional

Eid-ul-Azha: JKCSF-JKPUF urge timely redressal of public, education, welfare sector issues

June 2, 2025
Veteran NC leader Rahim Rather set to be elected as Speaker
Regional

Speaker to discuss functioning of House Committees tomorrow

June 1, 2025
AEJAK, ASMEA present memorandum of demands to LG Sinha
Regional

AEJAK, ASMEA present memorandum of demands to LG Sinha

May 31, 2025
J&K has immense opportunity in tourism sector: PM Modi
Regional

‘Operation Sindoor’ India’s biggest anti-terror success: PM Modi in Bhopal

May 31, 2025
Take stern action against those violating law: IGP
Regional

Proper security in place for Kheer Bhawani mela: IGP Kashmir

May 31, 2025
Next Post
Saffron production in 2016-17  4.28 kgs per hectare

Saffron production in 2016-17 4.28 kgs per hectare

Altaf Bukhari conducts surprise visit of examination centers

Altaf Bukhari conducts surprise visit of examination centers

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




IGP Visits Sopore Civilian Victim’s Family, Expresses Condolences

IGP Visits Sopore Civilian Victim’s Family, Expresses Condolences

July 4, 2020

Pilot killed, another injured  as army chopper crashes in Lakhanpur  

January 25, 2021
Srinagar acid attack: Court frames charges against two adult accused

SIA Kashmir produces charge sheet against three accused

May 3, 2023

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.