Excelsior Correspondent
Srinagar, Mar 8: The High Court today directed the trial court to proceed in accordance with the law against the two persons who had crossed over to Pakistan for receiving arms training and two women of Pakistan occupied Kashmir who entered the Valley with them.
Justice Sanjay Dhar dismissed the reference made by the Judicial Magistrate Tangmarg expressing his doubts about the validity and application of Egress and Internal Movement (Control) Ordinance (E&IMCO) on all the four persons during trial.
The reference was arisen out of a challan filed by the Police Station Tangmarg against the accused persons comprising two male accused who had crossed over to Pakistan for receiving arms training and thereafter returned with their wives of foreign origin.
HC stuck down PSA; guilty to be informed of representation right
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Jammu And Kashmir High Court Upholds Validity Of Egress And Internal Movement (Control) Ordinance, 2005 , Sets Aside Magistrate s Reference Order
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SRINAGAR: Authorities are guilty of committing an infraction of a constitutional right by not informing a detainee about the right to make representation to detaining authority, Jammu and Kashmir High Court has said.
“It can safely be stated that the respondents (authorities) by not informing the (detainee) about his right to make a representation to the detaining authority against the impugned order of detention, are guilty of committing an infraction of a Constitutional right guaranteed to the (detainee) under Article 22(5) of the Constitution and the statutory right guaranteed to him under Section 13 of the J&K Public Safety Act,” a Bench of Justice Sanjay Dhar said as per news agency GNS and quashed detention order under PSA passed by the deputy commissioner Budgam against one Aijaz Ahmad Dar of Nasrullapora as being “unsustainable in the eyes of law.”
High Court Stays Controversial Larnoo-Anantnag DDC Seat
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