HC quashes PSA in day light Janipur firing case
JKUT (Jammu), June-01-2021-( JNF):- Justice Puneet Gupta of J&K High Court Jammu today quashed the detention order Hoshiar Singh who is allegedly involved day light firing case at Janipur.
Justice Puneet Gupta after hearing Sr. Adv KS Johal for detenue whereas AAG Aseem Sawhney for the UT observed that counsel for the petitioner has vehemently argued that the non-mentioning of the material facts not only deprives the detaining authority of the real scenario of the case but also the Advisory Board constituted under the Act. The same has happened in the present case and this factor dents the case of the respondents in the present case also. It is not made out from the record made available to the court that the Advisory Board was also made aware of the proceedings which have taken place in the FIRs and especially in those cases in which the petitioner stands acquitted/discharged or bailed out. The argument raised on behalf of the respondents that the wife of the petitioner had moved the Advisory Board with a representation and thus shows that the petitioner had moved the authorities having knowledge of all the facts of the case. The court is not impressed with the argument of learned counsel for the respondents. No doubt the petitioner has himself mentioned in the petition about making a representation to the Principal Secretary to the Home Department against the detention order, however, the same has been taken into consideration by the government authorities or the Advisory Board is not reflected. Undoubtedly, prejudice has been caused to the petitioner.
Court further observed that counsel for the petitioner has argued that there was no occasion to pass detention order against the petitioner when the offences alleged against him could be taken care of under ordinary law of land. AAG Aseem Sawhney appearing on behalf of the respondents has argued that the cases lodged against the petitioner reflect the criminal mind of the petitioner and his failure to mend his ways was sufficient reason to pass the detention order. The court is of the view that this aspect of the matter need not detain the court in view of the discussion made above. The very fact that the court has held that the detention order is outcome of non-application of mind irrespective of nature of offences alleged against the petitioner the detention order does not sustain in the eyes of law.
With these observations, Justice Puneet Gupta quashed the detention under PSA. JNF