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 quashes 2nd PSA detention of Baramulla youth, orders his release

INS Desk by INS Desk
February 1, 2018
A A
HC quashes 9 PSA detention orders
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: The Jammu and Kashmir High Court has quashed Public Safety Act against a youth from Baramulla district and ordered his release forthwith from the preventive custody unless required in any other case.
The detainee, Waseem Mehraj Farash, was earlier on detained by District Magistrate Baramulla on 06 February last year and lodged in Central Jail Kotebhalwal, Jammu. The order was challenged by Farash and it was quashed by the court and directed authorities to release him from preventive detention forthwith.
Advocate Mian Qayoom along with Mian Tufail, Farash’s counsel submitted that when the order was served on the authorities, he, instead of being released, was booked in case (F.I.R No. 391/2016) u/s 7/25 Arms Act.
Farash, counsel said, was kept in illegal custody and later on 7 September last year District Magistrate Baramulla directed Farash’s lodgement in District Jail Kathua Jammu.
The counsel submitted that copy of the dossier and other connected documents was not provided to Farash and thus deprived of the right to file an effective representation before the Detaining Authority. They said that Farash could not have been detained under PSA when he was already booked in substantive offences under F.I.R No. 391/2016. They argued that the authorities in their reply affidavit have stated that the detention warrant was executed on 08 September 2017 by one ASI Ghulam Ahmad of DPL Baramulla, who read over and explained the contents of the same to
Farash. “Assuming the contention to be correct, the ASI ought to have filed an affidavit to substantiate so, which has not been done in the case on hand. The petition, on this ground alone, deserves to be allowed and, as a consequence thereof, the order of detention is liable to be quashed,” the counsel said. The counsel for authorities argued that the order of detention has been passed after taking into consideration the relevant provisions of J&K Public Safety Act.
After hearing both the sides, a bench of Justice M K Hanjura said: “The Supreme Court (said) that 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.” 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.”
Subsequently, the court quashed the detention order and ordered authorities to release Waseem Mehraj Farash son Mehraj-ud-din Farash of Khanpora Baramulla forthwith from the preventive custody, “unless required in any other case.”

RELATED POSTS

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting

CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case

Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy

Buy JNews
ADVERTISEMENT
Previous Post

17 cattle burnt alive as cowshed gutted in Ganderbal

Next Post

Anganwadi, ICDS workers protest seeking fulfillment of demands

INS Desk

INS Desk

Related Posts

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting
Regional

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting

June 3, 2026
CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case
Regional

CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case

June 3, 2026
Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy
Regional

Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy

June 3, 2026
AIKS Thanks Delhi Government for Relief to Kashmiri Migrants, Seeks Increase in Assistance
Regional

AIKS Thanks Delhi Government for Relief to Kashmiri Migrants, Seeks Increase in Assistance

June 2, 2026
‘Flight ops at Srinagar airport to resume with immediate effect’
Regional

Sxr Airport to remain shut on Mondays, Tuesdays from July to September

June 2, 2026
Multi-layered security arrangements in place to ensure peaceful R-Day celebrations: IGP Kashmir
Regional

IGP Birdi set to proceed on central deputation; Appointed IG, CRPF

June 1, 2026
Next Post
Anganwadi, ICDS workers protest seeking fulfillment of demands

Anganwadi, ICDS workers protest seeking fulfillment of demands

Budget 2018: Imported cars, juices, mobiles, gold, silver to be costlier

Budget 2018: Imported cars, juices, mobiles, gold, silver to be costlier




OIC expresses solidarity with Muslims in Sri Lanka

OIC reacts to Indian position on its resolution on Kashmir issue

August 12, 2017
ATMs go cashless ahead of Eid

ATMs go cashless ahead of Eid

June 14, 2018
There is ‘rhetoric and politics’ on Kashmir: Modi 

Modi’s visit to J&K: To attend work commencement on Zojila tunnel, inaugurate Jammu, Srinagar Ring Road

May 18, 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.