Excelsior Correspondent
Srinagar, June 28: High Court today quashed three detention orders under the Public Safety Act and directed the authorities to release them from preventive custody.
The court of Justice Ali Mohammad Magrey quashed three detention order passed against Javaid Ahmad Bhat of Kupwara, Majid Ahmad Bhat of Pulwama and Assadullah Bhat of Srinagar and directed the jail authorities to release the trio from preventive custody forthwith.
Detenue Javaid, Majid and Assadullah were detained by District Magistrates of Kupwara, Pulwama and Srinagar vide detention orders dated 19.10.2019, 9.11.2020 and 2.11.2020 respectively.
Detenue-Javaid through his counsel has raised primarily questioned the validity of the detention on the ground that impugned detention order was passed against him at the time when he was already in custody in respect of the criminal case under FIR No. 08/2019.
He added that the detaining authority ought to have satisfied himself with the fact that there was imminent likelihood of release of the detenu in that case and that it was necessary to detain the detenue in order to prevent him from indulging in prejudicial activities and there is no such satisfaction recorded in the grounds of detention by the detaining authority.
On the other hand Government counsel defended the order of detention and submitted the detaining authority was aware of the fact that the detenue was already in custody when the detention order was passed.
“That being so the grounds of challenge set up by petitioner, succeed and the detention stands vitiated. Other grounds urged do not therefore, need to be separately addressed”, Court concluded while quashing the order of detention of detenu-Javaid.
While dealing with the petition of detenu-Majid, Court said that the detenu was not provided with the grounds of detention, which prevented him from making an effective representation against the order of detention as such was deprived of an important constitutional right.
Court also added that the detaining authority did not apply his mind while passing the detention order and has not revealed as to on what materials he assumed subjective satisfaction regarding necessity of having the subject detained when the detenu have not filed any bail application in any court for his release in the FIR(s) registered against him.
“The petition is accordingly, allowed and detention order passed by District Magistrate Pulwama, under which the detenu under detention., is quashed with direction for his release forthwith”, Justice Magrey directed.
With regard to detenu-Assadullah court said, the grounds of challenge set up by detenu, succeed and the detention stands vitiated and other grounds urged do not therefore, need to be separately addressed as such quashed his detention with the direction to the authorities to release him forthwith from the preventive custody.
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