HC quashs PSA of alleged stone pelter

01/12/2017

JAMMU, Nov 30: Justice Tashi Rabstan quashed the detetion under PSA Ishfaq Ahmad Kumar alleged stone pelter with the observation that to classify the detenu as a 'notorious stone pelter cannot be sufficient to invoke the statutory powers of preventive detention.
While deciding habeas corpus petition, Justice Tashi Rabstan observed that supreme court held that preventive detention of a person by a State after branding him a 'goonda' merely because the normal legal process is ineffective and time-consuming in 'curbing the evil he spreads', is illegal and that detention of a person is a serious matter affecting the liberty of the citizen. Preventive detention cannot be resorted to when sufficient remedies are available under the general laws of the land for any omission or commission under such laws, the Supreme Court observed. Recourse to normal legal procedure would be time consuming and would not be an effective deterrent to prevent the detenu from indulging in further prejudicial activities in the business of spurious seeds, affecting maintenance of public order, and that there was no other option except to invoke the provisions of the preventive detention Act as an extreme measure to insulate. To classify the detenu as a 'notorious stone pelter cannot be sufficient to invoke the statutory powers of preventive detention.
No doubt the offences alleged to have been committed by detenu are such as to attract punishment under the prevailing laws but that has to be done under the said prevalent laws and taking recourse to preventive detention laws would not be warranted. Preventive detention involves detaining of a person without trial in order to prevent him from committing certain types of offences. But such detention cannot be made a substitute for the ordinary law and absolve the investigating authorities of their normal functions of investigating crimes which the detenu may have committed.
After all, preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial. With these observations High Court quashed the
detenion order. JNF

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