Best gift for Eid, says relieved Sopore woman who fought the case with meagre resources and plenty of grit
SRINAGAR: The High Court on Friday quashed the PSA detention of Ghulam Nabi Gojri, whose wife Haleema Bano was fighting his case since the past nine months and was too poor to travel to Jammu to see her jailed husband. Gojri was arrested in November 2016 and was in Kot Balwal jail since then. The High Court today ordered his immediate release, quashing the fourth Public Safety Act (PSA) detention order under which he remained imprisoned.
The PSA detention order against Gojri was issued by the district magistrate Baramulla. The court quashed it on the grounds that no fresh activity or facts had been brought before the court regarding Gojri’s involvement in any subversive activity.
The court observed that the detaining authority had detained Gojri on identical grounds, which already stood quashed. Justice Sanjeev Kumar, who quashed the PSA order, remarked, “The non-application of mind on part of the detaining authority is quite sad and unfortunate.”
Justice Kumar said that when a detention order has been quashed by the court, the grounds of detention in that order cannot be taken into consideration as whole or in part to issue a fresh detention order. “It is against the law, as once the court strikes down an earlier order, it nullifies the entire order. It is, therefore, clear that an order of detention cannot be made after considering previous grounds of detention,” the judge said.
“In view of this, the detention order is quashed and the state is directed to release Ghulam Nabi Gojri of Qadeem Pora Sopore forthwith,” Justice Kumar ordered.
Haleema Bano, who was present at the court, expressed happiness and said, “This is the best gift for Eid.”
The court also quashed PSA detention order no.90/DMS/PSA/2017 against Ishfaq Ahmed Dar of Wandima Melhura tehsil, Zainapora Shopain.
The court dismissed the petition of Maqsood Ahmed Khan of Baramulla district on the grounds that he was found to be actively involved in subversive activities since 2010 and in 2016 about a dozen FIRs were lodged
against him. “The indulgence of him in violent activities has not stopped after his release. So, the court dismisses the petition,” the judge ruled.