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IHK HC quashes PSA against Kashmiri youth

Srinagar, April 20, 2014 (PPI-OT): The High Court of occupied of Kashmir has quashed the detention order under the black law, Public Safety Act (PSA) against a youth, ruling that the grounds for his detention were prepared by Superintendent of Police.

A bench of Justice Muhammad Yaqoob Mir quashed the detention order of Muhammad Abbass Sheikh after observing that the grounds of the detention were appeared by the SP, which, the court said, was totally impermissible.

It said detaining authority was required to formulate the grounds of detention on the basis of material as would have been collected and thereafter to derive as substantive satisfaction.

The court quashed the judgment after counsel for the petitioner; Advocate Mian Tufail referred to a judgement of the High Court given in Firdous Ahmad Malik case. The counsel submitted that the judgement was delivered in a petition on identical issues and the detention order against a man was ultimately quashed.

“The judgement squarely covers the case of the petitioner. More so, the period of detention is for a period of six months out of which five months have already elapsed,” the court said, adding the order of detention passed on December 11 in 2013 against the petitioner suffered from application of mind as such was quashed.

For more information, contact:
Kashmir Media Service
Email: info@kmsnews.org
Phone: 92-51-4435548, 4435549
Fax: 92-51-4861736

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