JK HC Quashes Detention Order Against Asif Sultan Saida

JK HC Quashes Detention Order Against Asif Sultan Saida

VoM News Desk | December 11, 2023 | 10:55 PM IST | Breaking News, Courts & Law | Follow on Google News

JK HC Quashes Detention Order Against Asif Sultan Saida

JK HC Quashes Detention Order Against Asif Sultan Saida

The Jammu and Kashmir High Court has nullified the preventive detention order issued against Asif Sultan Saida by the Srinagar District Magistrate.

The court found that sufficient detention records and evidence were not provided to Saida, thus impeding his right to effectively appeal the order.

Saida, who had been imprisoned since August 2018, was not given copies of crucial documents such as the FIR, witness statements, and other investigation records related to the criminal case forming the basis of his preventive detention under the Public Safety Act.

Justice V C Koul directed the administration led by Manoj Sinha to release Asif Sultan Saida from preventive detention unless he is required in any other case.

The court’s judgment highlighted that only five leaves were provided to Saida, reflecting a lack of substantial evidence presented to justify his detention.

The detention order against Asif Sultan Saida was based on allegations linking him to a 2018 criminal case involving charges of associating with known militants, criminal conspiracy, and aiding and participating in militant activities.

Saida, associated with the monthly magazine Kashmir Narrator, was taken into custody by the Jammu and Kashmir police on August 27, 2018. He faced charges under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Ranbir Penal Code (RPC), now a part of the Indian Penal Code (IPC).

Justice Koul’s directive to release Saida immediately, unless needed in another case, underscores the insufficiency of evidence presented for his detention, emphasizing the importance of due process and the right to a fair trial.

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