Excelsior Correspondent
SRINAGAR, Dec 13: The High Court has quashed two detention orders passed under Public Safety Act and directed release of detenues.
Justice Sanjay Dhar has quashed the PSA of Waseem Mehraj Farash of Baramulla and Azad Ahmad Teli of Pulwama. Both were detained under the orders from the concerned District Magistrates on 29.03.2024 and 04.04.2024 respectively, to prevent them from indulging in the activities which are prejudicial to the security of the State.
Citing the ruling of Apex Court while dealing with the effect of failure to communicate the result of the representation the court has held that failure in timely communication of the rejection of the representation is a relevant factor for determining the delay that the detenue is protected under Article 22(5) and held that failure of the Government to communicate rejection of detenue Farash’s representation in a time bound manner is sufficient to vitiate the detention order.
In the grounds of detention of detenue-Teli, the court said, there is no mention of the particulars of the places and the identity of the terrorists of the banned terrorist organization, to whom the petitioner-Teli was allegedly providing logistic support.
“The particulars of the period when the detenue is alleged to have provided logistic support to the terrorists are also not mentioned in the grounds of detention. Thus, the grounds, being vague and lacking in material particulars”, the court said.
The detenue court said, could not have made an effective representation against his detention. Therefore, there has been violation of constitutional guarantees envisaged under Article 22(5) of the Constitution. The detention order, as such, is illegal and unsustainable.
The court allowed both the petitions and quashed the impugned order of detentions with the direction to the authorities to release the detenues from the preventive custody forthwith provided they are not required in connection with any other case.
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