Excelsior Correspondent
Srinagar, July 13: High Court has taken strong exception of having the detention order passed under Public Safety Act (PSA) into the hands of detenu before its execution and ordered a probe by ACB as to how the documents landed with the detenu before its execution.
Hearing the petition seeking quashing of order No. 02 of 2022 dated 11.01.2022 by virtue of which the petitioner-Mohammad Yousuf has been ordered to be detained under section 8 (1) (a) of the Jammu and Kashmir Public Safety Act, 1978.
It was stated that a few days back, the petitioner came to know that the detaining authority had issued an order dated 11.01.2022 under the Act and the respondents are bent upon to arrest the petitioner in pursuance of the said order of detention.
Justice Rajnesh Oswal before parting with the order of detention as to whether the same has been passed in tune with the law has taken strong note of the fact that how the documents of order of detention land into the hands of the detenue before its execution.
“This Court is at a loss as to how the order of detention as also the communications addressed to the petitioner and Principal Secretary to the Government, Home Department, landed in the hands of the petitioner or his brother without there being any execution of the said detention order. There is no averment in the petition that the detention order and communications mentioned above, were obtained by any legitimate means such as under Right to Information Act etc”, Justice Oswal recorded.
“This is a very serious matter and it surely points to the connivance of the officials at the respondents end either with the detenu or his brother”, Justice Oswal recorded.
The Court deemed it proper to direct the Director, Anti-Corruption Bureau, Union Territory of J&K to enquire the issue with regard to the connivance of the officials of the respondents with regard to fact as to how these documents landed with the detenu or his brother without execution of the detention order.
Court said if prima facie found to be involved in the acts of omission/commission amounting to offence, then to investigate by registering FIR against all the involved persons. “In view of all what has been discussed above, the present petition has no merit and as such, the same is dismissed. The Director, Anti-Corruption Bureau shall file the compliance report within a period of one month from the date of receipt of this order. Registry to send a copy of this order to the Director, Anti-Corruption Bureau Jammu against proper receipt”, reads the order.
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