Excelsior Correspondent
SRINAGAR, Feb 24: High Court today quashed two detention orders passed under Public Safety Act (PSA) and directed release of both the detenues.
Justice V C Koul quashed the PSAs of Zahid Rashid Ganie, of Chanapora, Srinagar and Showkat Ahmad Ganie Chadoora, Budgam. Both were detained by the District Magistrates of Srinagar and Budgam on 30.08.2022 and 01.01.2024 respectively.
The court in detenu-Zahid Ganaie’s case said, the grounds of detention, when looked into, give reference to various alleged activities of detenu-Ganaie that appears to have weighed with detaining authority to make detention order and it does not indicate that copies of dossier and other connected material were ever supplied to detenu, on the basis whereof impugned detention order has been passed.
“It is only after detenu has all the material available that he can make an effort to convince detaining authority and thereafter the Government that their apprehensions vis-à-vis his activities are baseless and misplaced. If detenu is not supplied the material, on which the detention order is based, he will not be in a position to make an effective representation against his detention order”, Justice Koul said.
In case of detenue-Showkat Ganie, court said, grounds of detention would nowhere mention whether detenu was after his apprehension in connection with case, released on bail and thereafter acquitted from the case, which reflects and depicts non-application of mind on the part of detaining authority.
“Thus, there is no compelling reason coming forth from grounds of detention to show that detenu was likely to be released from custody in near future and taking into account the nature of antecedent activities of detenu, it was likely that after his release from custody he may indulge in prejudicial activities and it was necessary to detain him in order to prevent him from engaging in such activities. As a result whereof, impugned order is vitiated and requires to be quashed, as such”, read the judgment.
The court while giving these reasons allowed both the pleas and quashed the PSAs challenged therein with the direction to the authorities to release them from the custody if they are not required in any other case.
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