Excelsior Correspondent
SRINAGAR, Sept 16: The High Court has observed that authorities cannot pass fresh detention of a person on the grounds which the Court had struck down earlier.
“The same grounds could not have been relied upon for making a fresh detention order. The authoritative judicial pronouncements on the subject are that even if the order of detention comes to an end either by revocation or by expiry of the period of detention, there must be fresh facts for passing a subsequent order”, Court of Justice Sanjeev Kumar said while quashing the detention order of a person with the observation that it has been passed on the grounds which the court has struck down.
Justice Kumar held that when a detention order is quashed by the Court, issuing a high prerogative writ like habeas corpus or certiorari, the grounds of the detention order should not be taken into consideration either as a whole or in part even along with fresh grounds of detention for drawing requisite subjective satisfaction to pass a fresh detention order because once the Court strikes down an earlier order by issuing rule, it nullifies the entire order.
“This Court, in earlier petition (HCP No.585/ 2016), wherein detention order no.160/DMB/PSA/2016 dated 1st November 2016, was put to challenge, quashed detention order, while dealing with grounds of detention made use of in support of the said detention order”, read the judgment.
Court after referring to earlier detention, made it clear that an order of detention cannot be made after considering previous grounds of detention when the same had been quashed by the Court.
Court also said that if such previous grounds of detention are taken into consideration while forming subjective satisfaction by detaining authority in making a detention order, the order of detention will be vitiated. It is of no consequence if further fresh facts, disclosed in the grounds of impugned detention order, have been considered.
Detenue’s counsel also stated that detenue cannot be detained again under the provisions of Public Safety Act, unless fresh facts come into existence which would warrant his further detention.
The detenue was detained vide detention order no.160/DMB/PSA/ 2016 dated 1st November 2016, which was quashed by the Court in HCP no. 585/2016 and detenu was shifted to police station Tarzoo.
Thereafter, was detained vide order no.280/DMB/PSA/ 2017 dated 17th March 2017, which he challenged in HCP no.102/2017. However, during pendency of said petition, another detention order, impugned herein, came to be passed.
Counsel representing detenue further said that grounds of detention, pressed into service to place detenue under preventive detention, are identical to grounds of detention in support of earlier detention order, which stands quashed by the Court, which is suggestive of the fact of non-application of mind on part of detaining authority.
“In view of aforesaid discussion, petition is disposed of and detention order no.06/DMB/PSA/2017 dated 10th April 2017, passed by District Magistrate, Baramulla, quashed”, Justice Kumar concluded and directed the authorities to release the detenue forthwith if he is not required in any other case.
Detenue was also seeking compensation from the authorities for detaining him again and again which relief court declined with the observation that the instant case is not fit for awarding compensation.
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