Excelsior Correspondent
SRINAGAR, Apr 21: High Court quashed two detention orders passed under Public Safety Act and directed the release of detenues.
Justice M A Chowdhary has quashed the PSAs of Mohammad Syed Rehman Shamus of Lal Bazar, Srinagar and Arshid Ahmad Khan @ Abu Musa of Gutlibagh District Ganderbal. Both were detained under the orders from concerned District Magistrates on 07.12.2021 and 05.04.2025 respectively.
The court while quashing their PSAs said the impugned detention order passed on vague grounds, verbatim copy of police dossier and failure on the part of the detaining authority to record satisfaction that normal law proved insufficient to restrain the detenue. The impugned order is, therefore, liable to be quashed on these counts.
The court in Khan’s case said that if the order of detention comes to an end either by revocation or by the expiry of the period of order of detention, there must be fresh facts for passing a subsequent order of detention.
“When the detention order has been quashed by the Court, the grounds of said detention order are not to be taken into consideration, either as a whole or in part, even along with the fresh grounds of detention in order to pass a fresh detention order and, if such previous grounds of detention are taken into consideration while passing a fresh detention order, the order of detention will be vitiated”, the court said in Khan’s case.
On perusal of dossier prepared and submitted by the police to the detaining authority in Rehman’s case the court said, the impugned order passed by the detaining authority, based thereon, it is found that the impugned order, particularly the grounds therefore, and the grounds mentioned in the dossier by the police are almost verbatim, except for some cosmetic changes. The impugned order is, thus, not sustainable on this account alone.
Resultantly, the court allowed both the pleas of these detenues and quashed their PSAs with the direction to the authorities to release them from custody forthwith, if not required in any other case.
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