Excelsior Correspondent
SRINAGAR, May 9: The High Court quashed the three detention orders passed by the concerned District Magistrates and directed the release of the trio.
Justice Sanjay Dhar quashed the PSAs of detenues Bashir Ahmad Beigh, Shahid Amin Ganie and Ubaid Gulzar Pandit. The trio was detained under the orders of District Magistrates of Baramulla, Anantnag and Srinagar respectively.
The court while quashing their PSAs said, the detaining authority has not mentioned as to in which prejudicial activities the petitioner-Beigh has indulged either after his release on bail or after the quashment of earlier detention order.
“it is manifest that vagueness of grounds of detention strikes at the root of the subjective satisfaction of the detaining authority thereby vitiating the order of detention. On this ground alone, the impugned order of detention is liable to be set aside”, the court recorded in Pandit’s case.
The court while quashing the PSA of detenue-Ganie said his grounds, being vague and lacking in material particulars, as he could not have made an effective representation against his detention. Therefore, there has been violation of constitutional guarantees envisaged under the Constitution. The detention order, as such, is illegal and unsustainable.
The court with these reasons quashed all the three PSAs 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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