October 18th, 2012

HC quashes PSA of lady Hizb militant

JAMMU: Justice JP Singh of  the State High Court on Wednesday quashed the detention of a lady militant of Hizbul Mujahideen outfit namely Ruksana Begum alias Halima who was detained under Public Safety Act by the order of the District Magistrate Doda on January 26, 2011.
As per the case Rukhsana was charged with  collecting money from Government officials for raising funds for Hizbul Mujahideen outfit.
She was arrested under PSA on the directions of District Magistrate Doda.
Rukshsana had challenged her detention through Advocate  Koushal Parihar on various grounds including that the petitioner was illiterate and was never found involved in any militancy related incident.
Justice JP Singh after hearing both sides,  observed that perusal of the grounds of detention reveals that Ruksana alias Halima was in police custody in FIR No. 13/2011 registered at Police Station, Doda under Sections 7/25/27 IAA, 212/216  RPC and 3/4 ESA when her detention in preventive custody was ordered. The detaining authority had no material available with it for recording satisfaction that detenue was likely to be released from custody.
The Court further observed that in the absence of the detaining authority’s satisfaction that there was real likelihood of Ruksana release from custody in FIR No. 13/2011, her detention in preventive custody, cannot be sustained and the detention of Ruksana Begum thus having been found illegal, there was no need to deal with other grounds projected by counsel for the detenue at the time of consideration of the petition.
The Court maintained that the petition accordingly succeeds and is, therefore, allowed. The Judge quashed District Magistrate, Doda’s order No. DM/Doda/PSA/2KXI/224 dated January 21,2011 and directed respondents to release Ruksana Begum from her preventive custody.

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