Excelsior Correspondent
SRINAGAR, Feb 25: High Court has quashed two detention orders passed under Public Safety Act and directed the jail authorities to release the detenues.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal quashed the PSA of one Mohammad Rafiq Najar. Hailing from Anantnag, Najjar was detained on 01.04.2024. He challenged the PSA before the writ court and his plea was dismissed and detention was upheld.
While setting aside the writ court verdict, the High Court said it is unsustainable and directed the authorities to release the deteune from preventive custody.
“We are of the considered opinion that the judgment impugned in the present appeal is unsustainable in the eyes of law and is, accordingly, set aside. The appellant shall be released forthwith, provided he is not required in connection with any other case”, DB concluded.
Justice Rahul Bharti quashed the PSA of one Muzaffar Farooq Mir of B.K Pora in district Badgam. He has been detained under the orders of the District Magistrate Srinagar vide order dated 03.05.2025.
“If the District Magistrate Srinagar is not in a position to re-read the draft of his grounds of detention to come across with a patent error of mention of date of previous detention order of the petitioner then the application of mind of the District Magistrate, Srinagar is not worth trusting that in passing second time detention order of the petitioner due application of mind was taking place from his end”, Justice Bharti said.
The court further added that nothing can be more absurd than the inherent contradiction obtained on the grounds of the detention formulated by the District Magistrate Srinagar on the basis of which the preventive detention order came to be passed against Mir.
The court said that the petitioner is, thus, ordered to be restored to his personal liberty by his release from the concerned jail for which the Superintendent concerned Jail to enlarge the petitioner free to his personal liberty.
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