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

If ordinary law can deal with a situation, recourse to PSA illegal: HC 

INS Correspondent by INS Correspondent
November 21, 2017
A A
HC orders release of man sentenced to life for Bla woman’s murder in 2008   
Share on FacebookShare on TwitterWhatsappTelegramEmail

RELATED POSTS

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

Proper security in place for Kheer Bhawani mela: IGP Kashmir

MeT predicts rains, gusty winds today

Srinagar: If the ordinary law of the land can deal with a situation, recourse to a preventive detention law will be illegal, the Jammu and Kashmir High Court said as it quashed deputy commissioner Bandipora’s order under PSA against Ghulam Mohammad Parray, a resident of Hajin area of the north Kashmir district.
“It must be remembered that if, in the case of preventive detention, no offence is proved and there is no conviction, which can only be sanctioned by legal evidence, preventive detention is often described as ‘jurisdiction of suspicion,’” a bench of Justice M K Hanjura further said, adding, “To prevent misuse of this potentially dangerous power the law of preventive detention has to be strictly construed and meticulous compliance with the procedural safeguards, however, technical, is, in our opinion, mandatory and vital.”
As the petition filed through advocate Mian Abdul Qayoom, Parray was earlier on detained by the deputy commissioner under PSA on 2 November last year. On March 10 this year, the order was quashed by high Court and Parray was directed to be released forthwith.
On serving the order on the authorities, Parray was released but re-arrested immediately in the jail premises itself and confined in police station Hajin.
Qayoom said Parray was not produced before any Court of law and shifted to Kotebalwal Jail, Jammu under fresh PSA order by the deputy commissioner on 18 July this year.
Parray challenged the order, mainly on the grounds that he has been deprived of the right to file an effective representation before the detaining authority (DC Bandipora) and that he could not have been detained under the provisions of PSA when he was already booked in substantive offences under various F.I.Rs.
On the other hand, the ruling PDP-BJP government argued that the order of detention was passed after taking into consideration the relevant provisions of J&K Public Safety Act 1978 (PSA). The government counsel submitted before the court that grounds of detention were conveyed to Parray in the language with which he is conversant and these have been read over and explained to him at Central Jail, Kot Bhalwal. “Therefore, the order of detention does not suffer from any vice. It has been passed with due diligence and it will sustain in the eyes of the law,” the counsel said.
After hearing both the parties, the court quashed the PSA detention order and directed authorities to release Parray “unless required in any other case.”
“There is no material from which it can be discerned that (Parray) was ever apprised that he has a right to make a representation to the Detaining Authority. This vitiates the detention order,” the court said.
Buy JNews
ADVERTISEMENT
Previous Post

Delhi HC disposes plea seeking action against Farooq Abdullah

Next Post

If ordinary law can deal with a situation, recourse to PSA illegal: HC 

INS Correspondent

INS Correspondent

Related Posts

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
Weather to remain cloudy till Oct 28
Regional

MeT predicts rains, gusty winds today

May 31, 2025
Sonamarg—Zojila road closed for traffic after fresh snowfall
Regional

After fresh snowfall, Mughal Road closed for traffic

May 31, 2025
Sanjeev Verma is new CEO, J&K
Regional

Sanjeev Verma is new CEO, J&K

May 30, 2025
In Poonch, Amit Shah announces special package for Pak shelling hit victims
Regional

In Poonch, Amit Shah announces special package for Pak shelling hit victims

May 30, 2025
Next Post
HC orders release of man sentenced to life for Bla woman’s murder in 2008   

If ordinary law can deal with a situation, recourse to PSA illegal: HC 

Constitute House Committee to review ‘order of precedence’: JK Speaker

Constitute House Committee to review 'order of precedence': JK Speaker

Leave a Reply Cancel reply

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




Two among 3 journalists not booked for journalistic work: IGP

13 Militants Killed, 2 Caught Alive This Month: IGP

October 17, 2020
Abrogation of Article 35A: Jammu, Kashmir, Kargil erupt on Friday

Abrogation of Article 35A: Jammu, Kashmir, Kargil erupt on Friday

August 4, 2018
Govt shifts 6 KAS officers, gives additional charge to other  

Admin Secy Law to hold charge of Secy LA

December 31, 2018

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.