Excelsior Correspondent
Srinagar, Aug 5: High Court quashed two detention orders passed under Public Safety Act (PSA) and directed the authorities to release the duo.
Justice V C Koul has quashed the PSAs of Uzair Riyaz Parray of Ashmender, Pulwama and Showkat Ali Rather of Shalimar, Srinagar. Detenue-Parray was detained in January last year while as detenue-Rather was detained in December last year.
Justice Koul in Parray’s case said the authorities have failed to communicate the rejections of his representation against the detention order which forms a part of infraction on his constitutional right under Article 22(4) of the Constitution of India.
In -Rather’s case the court said that the threat posed by the alleged activities of the detenu is a clear law and order problem to be taken care of by the law enforcing agencies but it is clearly not a case where the activities attributed to the detenu could be termed as prejudicial to the maintenance of ‘public order’.
“From perusal of the grounds of detention served upon the petitioner detenu, it is difficult to arrive at a conclusion that the criminal activities alleged to have been committed by detenu have created such impact”, reads the judgment.
The court with these reasons quashed both the PSAs passed by District Magistrates, Pulwama and Srinagar and directed the authorities to release them forthwith from the preventive custody.
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