Excelsior Correspondent
SRINAGAR, Dec 14: High Court has upheld one detention order and quashed four others passed under Public Safety Act and directed the authorities to release the detenues.
Justice Sanjay Dhar upheld the PSA of one Faisal Ahmad Bhat of Pulwama.
“The grounds of detention contain vivid details about the plan of the petitioner regarding weapon snatching. Therefore, it cannot be stated, by any stretch of reasoning, that the grounds of detention formulated by the Detaining Authority in the instant case are vague or lacking in specific details. The contention of learned counsel for the petitioner is, therefore, without any merit”, court said.
The court for these reasons concluded that there is no ground to interfere in the impugned order of detention and the petition lacks merit and is dismissed accordingly.
Justice V C Koul has quashed the PSAs of detenue Maqsood Ahmad Malik of Aragam, Bandipore and Sabzar Ahmad Shergojri of Zainapora, Shopian. Both the detenues were detained on 11.08.2023 and 27.09.2023 by the respective District Magistrates.
The court while quashing both the PSAs said the impugned detention order of detenue-Malik is liable to be quashed as grounds of detention made use of by the Magistrate while passing earlier detention order, subsequently quashed by this Court, have again been pressed into service while passing impugned detention order. The impugned order of detention is, therefore, unsustainable in law on this ground alone.
In the case of detenue-Shergojri, the court said, it is crystal clear that grounds of detention and dossier, if in similar language, go on to show that there has been non-application of mind on the part of detaining authority and from the record the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority as such the impugned order of detention is, therefore, unsustainable in law on this ground alone.
Justice Sanjay Dhar has quashed the PSAs of detenue- Abdul Hameed Dar of Hajin, Bandipora and Mushtaq Ahmad Rather of Srinagar. Both were detained by the concerned Magistrates on 30.12.2022 and 19.08.2019.
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