J-K Court quashes detention of cop involved in militant activities

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Jammu, Dec 29 (UNI) The Jammu and Kashmir High Court today quashed the detention of a police official detained under Public Safety Act (PSA) for being allegedly involved in various militant activities.

Justice JP Singh of the Jammu bench, quashed the detention under PSA of alleged Al-Badr activist Zaffar Iqbal alias Zaffar, a Police official for his involvement in militant activities.

According to the case filed by the police, the detenue was appointed as a constable, but during his service, he started in anti-national activities after being motivated by Zubair Gul alias Zubair, a Pakistan-trained militant of Al-Badr.

On November 3, 2002, posted as Personal Security Officer to MLC Nazir Ahmed Mir, who was residing near Ziarat in Rajouri district he threw a grenade near Ziarat in which one girl got seriously injured and later succumbed,'' police said, adding that after throwing the grenade, the petitioner immediately went inside the house of the MLC.

Justice Singh, after hearing the arguments by Advocate Harbans Lal appearing for the petitioner and Additional Advocate General B S Salathia appearing for the State, observed that the records produced by the State Counsel, project a dismal picture, in that there is absolutely no material worth the name on records on the basis the District Magistrate could have either drawn the grounds of detention or recorded his satisfaction as to whether or not the petitioner was required to be detained in preventive custody.

The Judge further observed that the District Magistrate, who appears to have issued detention order, had not opted to file his counter affidavit.

The grounds of detention indicates that after reproducing the earlier detention order of 2003, the detaining authority had referred to some of the activities of the petitioner in which he stated to have indulged in after his release on bail.

These allegations were declared vague and the grounds of detention did not indicate the date, month and year of these activities when the petitioner joined Al-Badr and let loose a reign of terror in the area of Police Station Manjakote.

However, with these observations, the Court quashed the detention order passed by District Magistrate in Rajouri District on February 15, 2007.


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