Excelsior Correspondent
Srinagar, May 29: Observing the preventive detention be passed keeping in mind the valuable human right of citizens, the High Court quashed three PSAs and directed the authorities to release the detenues.
Justice Mohammad Yousuf Wani quashed the PSA of Abdul Rashid Sheikh of Lalpora, Kunzer of District Baramulla by recording that the preventive detention needs to be passed with great care and caution keeping in mind that a citizen’s most valuable and inherent human right is being curtailed.
“The arrests in general and the preventive detentions in particular are an exception to the most cherished fundamental right guaranteed under Article 21 of the Constitution of India. The preventive detentions are made on the basis of subjective satisfaction of the detaining authority in relation to an apprehended conduct of the detenu by considering his past activities without being backed by an immediate complaint as in the case of the registration of the FIR and, as such, is a valuable trust in the hands of the trustees”, Justice Wani further added.
The observation have been made by the court after the perusal of the detention recorded which reveals the PSA has been passed against the detenue-Sheikh in view of alleged acts of February, 2022, resulting in the registration of case FIR No. 18/2022 with Police Station Kunzer and the impugned detention, order with a gap of more than two years has been passed by the detaining authority.
Justice Rahul Bharti has quashed the PSA of one Abdul Rehman Bhat. He was detained on the ground that from his very early age he became influenced by radical ideology and came into contact with active terrorists and Over Ground Workers (OGWs) of TRF who motivated him to work for the outfit as an Over Ground Worker (OGW) for providing logistic support. In this alleged state of engagement, and started sharing all sensitive information regarding movement of police and security forces in the area and in a short span of time becoming a staunch Over Ground Worker (OGW) of the area, besides preaching/ spreading/ propagating terrorist ideology in the area and motivating youth for joining unlawful activities in the area.
Justice Bharti quashed his PSA citing that the in the dossier, the Senior Superintendent of Police (SSP), Srinagar was found missing to mention that in case if the petitioner-Bhat was being found indulgent in alleged activities, post his release on bail, then why his bail order was not cited to seek cancellation of the bail so granted in his favour.
Dealing with the case of one Mohammad Yaseen Bhat of Pattan, District Baramulla., Justice V C Koul said that the procedural requirements, have not been followed and complied by the respondents in letter and spirit while passing the detention order as such the same needs to be quashed.
“The petitions are disposed of and Detention Orders issued by the concerned District Magistrates against the detenues are quashed. As a corollary, respondents are directed to set the detenues at liberty forthwith provided they are not required in any other case”, the court directed.
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