Excelsior Correspondent
Srinagar, Mar 22: High Court has held that the detention orders passed under Public Safety Act (PSA) are not sustainable under law with the result quashed two orders with the direction to the authorities to release both detenues.
Court has quashed detention orders of Hilal Ahmad Mir of Sopora Baramulla and Kaiser Ahmad Beigh of Nai-Basti Anantnag. The detention orders were passed by District Magistrates of Baramulla and Anantnag on 8.5.2020 and 19.10.2021 against Mir and Beigh respectively.
Mir urged before the court that he was already in custody of the respondents and no subjective satisfaction has been recorded by the detaining authority while passing the detention order that there was any likelihood of him being released on bail as he had never applied for bail and the procedure for grant of bail under ULA (P) Act is very stringent.
The court after perusal of the detention record available at the time of hearing of the case said, there is no reference either in the dossier or in the grounds of detention that the detenu-Mir had preferred any bail application.
“The absence of proof of any such application in grounds of detention reveal that there was virtually no subjective satisfaction on the part of the detaining authority. The impugned detention order, as such, is not sustainable on this ground also,” Court concluded.
With these reasons the court allowed the petition and quashed the order of detention with further direction to the respondents to release the person of Hilal Ahmad Mir forthwith, unless required in any other case.
Court on holding the detention order of Beigh recorded that non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.
The court after allowing the petition of Beigh who is presently lodged at Central Jail, Kotbhalwal, Jammu directed his release from the preventive custody forthwith provided he is not required in connection with any other case.
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