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

LG Sinha’s Return Raises Hopes of J&K Cabinet Expansion; Government Yet to Announce Date

Kashmir’s autumn tourism gets new attraction with Chrysanthemum Garden: Dir Floriculture

Govt hikes monthly stipend for MBBS, BDS interns to Rs 25,000

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

LG Sinha’s Return Raises Hopes of J&K Cabinet Expansion; Government Yet to Announce Date
Regional

LG Sinha’s Return Raises Hopes of J&K Cabinet Expansion; Government Yet to Announce Date

October 22, 2026
Kashmir’s autumn tourism gets new attraction with Chrysanthemum Garden: Dir Floriculture
Regional

Kashmir’s autumn tourism gets new attraction with Chrysanthemum Garden: Dir Floriculture

October 22, 2026
Govt hikes monthly stipend for MBBS, BDS interns to Rs 25,000
Regional

Govt hikes monthly stipend for MBBS, BDS interns to Rs 25,000

October 21, 2026
DGP Reviews SOG Preparedness, Interacts with Personnel in Shopian
Regional

DGP vows to uproot terrorism, its support network

October 21, 2026
14 Police officers transferred, Sujit Kumar is new IGP Kashmir, Tejinder Singh IG Jammu
Regional

Legacy Of Valor Will Remain Our Guiding Light: IGP Kashmir On Police Commemoration Day

October 21, 2026
CAS Completes Final Sortie in Kiran Mk-I, Brings IAF Flying Journey Full Circle
Regional

CAS Completes Final Sortie in Kiran Mk-I, Brings IAF Flying Journey Full Circle

October 20, 2026
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




KU postpones all exams scheduled on Friday

UGC-HRDC, KU organizes Workshop on Community Engagement

July 17, 2019
Anand Jain, Nitish Kumar promoted to ADGP rank

IGP approves pomotion of 716 officials

February 25, 2024
Rains lash Kashmir plains; MeT forecasts more wet weather during next 24 hours in J&K

Rains In Plains, Snowfall Over Higher Reaches Forecast On Weekend; Major Snowfall Ruled Out Till Nov End

November 18, 2022

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.