Excelsior Correspondent
JAMMU, Sept 19: High Court has quashed the detention under Public Safety Act (PSA) of one Bashir Ahmad Rather as State failed to explain the delay in passing the order.
According to the case before the High Court, the detenue was earlier detained under PSA by the order dated September 29, 2016. The petitioner challenged the order of detention and High Court by order dated May 17, 2017 quashed the order of detention.
However, instead of releasing the detenue he was shifted to Police Station Ganderbal and was detained on the ground that FIR dated July 29, 2016 for offences punishable under Sections 147, 148, 149, 307, 341, 336, 427, 332, 188 RPC, was pending against the detenue. Thereafter once again order of detention under PSA was passed on July 4, 2017 by District Magistrate, Ganderbal.
After hearing both the sides, Justice Alok Aradhe observed, “from the perusal of the grounds of detention it is evident that the last activity, in which petitioner indulged, took place on July 29, 2016. After a period of approximately one year, the order of detention has been passed on July 4, 2017. Thus, there is an inordinate delay in passing the order of detention”.
“The explanation put forth by respondents that detenue may disrupt Shri Amarnathji Yatra no longer survives due to afflux of time as the yatra is already over”, High Court said, adding “respondents have failed to explain the delay in passing the order of detention and therefore, on this ground alone impugned order is liable to be quashed”.
With these observations, High Court quashed the detention order and issued directions for releasing the detenue if he is not required in connection with any other offence.
Follow our WhatsApp channel