Excelsior Correspondent
Srinagar, Nov 6: High Court quashed the two detention orders passed under Public Safety Act and directed the release of both.
Justice Javed Iqbal Wani quashed the PSAs of Ishfaq Ahmad Dar of Ganderbal and Azan Khurshid of Srinagar. The duo was detained by the concerned District Magistrates on 30.03.2024 and 04.04.2024 in order to prevent them from any activity prejudicial to the security of the state.
Justice Wani while quashing the PSA of detenue-Dar said the record reveals that the grounds of detention whereunder the impugned order of detention has been passed by the detaining authority owes its origin to the dossier and the same is the replica of the dossier furnished to the detaining authority by the sponsoring agency, thus, manifestly suggesting that the detaining authority has not at all applied its independent mind while either framing the grounds of detention or else deriving subjective satisfaction being sine-qua-non for directing preventive detention. In this view of the matter as well, the impugned order is not legally sustainable.
In detenu-Azan’s case, the court after perusal of the grounds of detention said, the same revels and suggests that the detaining authority has failed to indicate a proximate link between the activities of the petitioner-detenu herein covered in the FIRs as mentioned in the grounds of detention and the impugned order of detention, thus suggesting that the detaining authority has acted mechanically in the matter and without application of mind which as such would vitiate the impugned order of detention.
“Accordingly, the petitions are allowed and consequently the impugned orders are quashed with a direction to the respondents including concerned jail authority to release the detenues forthwith from the preventive detention unless they are not required in any other case”, Court directed.
Follow our WhatsApp channel
