Excelsior Correspondent
SRINAGAR, Sept 23: High Court has held that there is no necessity for passing detention order against a person when he is already in jail.
Court while quashing the detention order of a detenue said, if a person is in custody and there is no imminent possibility of his being released, the power of preventive detention should not be exercised.
“It is well settled in our constitutional framework that the power of directing preventive detention given to the appropriate authorities must be exercised in exceptional cases as contemplated by various provisions of the different statutes dealing with preventive detention and should be used with great deal of circumspection”, Justice Sanjeev Kumar said.
Accordingly, High Court disposed of the petition and detention Order No.90/DMS/ PSA/2017 dated 3rd March 2017, passed by District Magistrate, Shopian, quashed. Respondents were directed to release the detenue, namely, Ishfaq Ahmad Dar son of Ghulam Qadir Dar resident of Wandina Melhura Tehsil Zainapora District Shopian, forthwith, provided he is not required in any other case.
Court said, in the instant case when the order of detention was served upon detenue, he was in jail and there is no indication that the detenue might be released or that there was such a possibility of his release.
“If there was cogent material for thinking that the detenue might be released then this should have been made apparent in the grounds of detention. On this count the impugned detention order vitiates. Since petition succeeds on the aforesaid ground, as such, there is no necessity to go into other grounds of challenge”, court recorded.
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