Excelsior Correspondent
Srinagar, Nov 29: High Court today ordered release of a person detained under Public Safety Act (PSA) and observed that procedural formalities have to be followed while detaining any person under the Act.
Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey while quashing detention order of a person underlined that various procedural and other safeguards available to the detaining authority have to be respected and adhered to.
The detainee, Naseer Ahmad Pandit, was detained under preventive detention nearly a year ago and Division Bench ordered authorities to release him forthwith if not required in connection with any other case.
Pandit’s petition against the detention order was dismissed by court’s single bench on April 25 this year and he challenged it before the Division Bench through his counsel, advocates Junaid Rashid and Bakht Parvaiz.
“Keeping in view the hallmark of the cherished right to liberty and object of Article 21 of the Constitution of India, while exercising power to order preventive detention, various procedural and other safeguards available have to be respected and adhered to,” the Division Bench observed, adding that it’s the bounden duty of the detaining authority to derive subjective satisfaction before passing the order of detention.
While infringement of right to liberty is not Constitutionally permissible, the court said, at times it may be unavoidable to pass the order of detention in the larger interests of public, sometimes for maintaining the public order or some times for avoiding threat to security of the State, sometimes to avoid environmental degradation, loss to forest wealth and also to prevent drug trafficking.
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