Excelsior Correspondent
Srinagar, Feb 8: High Court today quashed two detention orders passed under Public Safety Act and directed the authorities to release the detenues from preventive custody.
The detenue Nazir Ahmad Tantray questioned order of detention bearing No. 23/DMB/PSA/2019 dated 06.08.2019 issued by the District Magistrate, Baramulla by virtue of which he has been detained in preventive detention under the Jammu and Kashmir Public Safety Act, 1978.
The order of detention has been assailed on the grounds that the detaining authority has not complied with the statutory as well as procedural safeguards as provided under 22(5) of the Constitution of India while passing the detention order as also the material relied upon by the detaining authority while passing the detention order has not been furnished to the petitioner.
The respondents while opposing the plea of the detenu have filed the counter affidavit, in which they have categorically stated that the procedural as well as statutory safeguards enshrined under Article 22(5) of the Constitution of India and Section 13 of the PSA Act have been complied with by the respondents while passing the detention order.
Justice Rajnesh Oswal while setting aside the order of detention said there is delay in passing the detention order and on this ground only, order of detention is required to be quashed.
In case of Danish Hanief Wani, Justice Oswal said the predominant object of communicating the grounds of detention is to enable the detenu at the earliest opportunity to make effective and meaningful representation against his detention as such quashed the same with the direction to the authorities to release him from the preventive custody.
The detenu-Wani has thrown challenge the order of detention bearing No. DMS/PSA/47/2019 dated 08.08.2019 issued by the District Magistrate, Srinagar, by virtue of which he was detained in preventive detention under the Jammu and Kashmir Public Safety Act, 1978.
Court after perusal of the detention record said the same reveals that only a passing reference has been made in the grounds of detention on the basis of dossier submitted by the authorities that the detenu was arrested on 03.04.2019 and he is presently in the judicial custody and there is every likelihood of him being released on bail.
Court added that there is no reference either in the dossier or in the grounds of detention that any bail had been preferred by the petitioner before the trial court. The absence of reference to any such application in the grounds of detention reveals that there was virtually no subjective satisfaction on the part of the detaining authority with regard to that aspect.
” In view of the above, this petition is allowed. Detention order No. DMS/PSA/47/2019 dated 08.08.2019 is quashed. Petitioner (detenue) be set free from the preventive custody provided he is not required in any other case”, court directed.
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