Excelsior Correspondent
SRINAGAR, June 14: High Court has pulled up the District Magistrate Baramulla for issuing detention order at the behest of police in Narcotic Drugs and Psychotropic Substances case second time and quashed the same with the direction to release the detenue.
“Court comes to an irresistible impression that the Government acting through the District Magistrate Baramulla by subjecting the petitioner to second time preventive detention acted with a mindset to rewrite same text, which this High Court had erased out by its judgment, as if to exhibit that it is the writ of the Government which is mightier than the writ of the Court,” Justice Rahul Bharti said.
Court has expressed its serious concern over the passing of second detention against the detnue and said the District Police Baramulla was relishingly ignorant of previous detention order and its consequent quashment with respect to the petitioner, so remained the case with the District Magistrate Baramulla who, in his grounds of detention, is also found at loss to have even a whisper of information about the previous detention of the petitioner and its consequent quashment.
“Just by a borrowed reference of FIR of the Police Station Kralpora, the District Magistrate Baramulla came to draw so called subjective satisfaction about the prospect of the petitioner’s personal liberty being found in conflict with so called Security of State so as to warrant petitioner’s personal liberty deserving custodial curtailment”, Justice Bharti recorded.
Court further added that a State and its Government do not and are not meant to act in a split personality mode through its province-wise or district-wise administrative and law enforcement authorities, and, as such, it cannot afford itself to be seen in a situation where its right hand does not know what left hand is doing.
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