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JK HC quashes detention of Dukhtar e Millat chief
December 10, 2005 19:11 IST
Last Updated: December 10, 2005 19:12 IST
Jammu and Kashmir High Court has quashed the detention of Dukhtaran-e-Millat (daughters of faith) chief Aasiya Andrabi.
Miss Aasiya was arrested in September along with her seven associates during the Dukhtaran-e-Millat campaign to stamp out flesh trade and obscenity from the society.
However, she challenged her detention under the Public Safety Act. The authorities, in the detention order, said that her activities were prejudicial to the security of the state.
Justice Nirmal Singh quashed Aasiya's detention order after hearing arguments of the petitioner's counsel Mian Abdul Qayoom, and the deputy advocate general M A Wani, who represented the state.
The seven DM activists were released a month later while Aasiya was detained in Central Jail Srinagar.
She was booked under the PSA for carrying out raids at hotels, beauty parlours and cyber cafes "...at the behest of militant outfits like Al Mansoorian and Lashkar-e-Tayiba," the government said.
Challenging the detention order, Mian Qayoom argued that Aasiya and her colleagues had launched a campaign for eradicating flesh trade from Kashmir.
He argued that the women activists had visited a number of places where they found people indulging in these activities.
No force was used by the detainee on any person, Mr Qayoum said adding that it was however, unfortunate that instead of appreciating the work done by the detainee and her other colleagues, the police arrested them and succeeded in putting them behind bars.
The action of police was totally uncalled for and the order of detention of the detainee should be quashed," Mian Qayoom argued.
Justice Nirmal Singh, after hearing the arguments from both sides observed that the detention order was not sustainable and that it has been passed without application of mind.
The Court observed, "The detention order was placed for approval before the Principal Secretary (Home) on September 8, 2005. On this date the order of detention was approved.
But there is nothing on the record to suggest that the representation filed by the detainee on September 6, 2005 was placed before the advisory board within the prescribed period." The court quashed the order and directed the authorities to set Aasiya Andrabi free "if not required in any other case."