Excelsior Correspondent
Srinagar, Aug 7: High Court quashed two detention orders under Public Safety Act and directed release of both the detenues from the custody.
Justice D S Thakur quashed the detention order of Naseer Ahmad Dar and Mudasir Ahmad Wani of Pulwama and Kulgam. Both were detained under PSA in October 2020 and August 2019 by the District Magistrates of Pulwama and Kulgam respectively.
Detenu-Dar challenged the order of detention on the ground of non-application of mind by the detaining authority while passing detention order against him. On a perusal of the grounds of detention, Court said, the District Magistrate, Pulwama did not at all reflect any knowledge regarding the fact that the petitioner was already under arrest and had been ordered to be released on bail necessitating issuance of the order of detention.
In case of detenu-Wani court has been apprised that the order has been passed on the basis of grounds of detention which had been placed before the detaining authority by the SP Kulgam. “In my opinion and on plain reading of order of detention, it clearly reflects total non-application of mind on part of detaining authority”, Justice Thakur said.
Court further added that such an error to creep-in in the order of detention, would itself reflect a causal approach of the said authority in passing the order of detention, which would presuppose non-application of mind on part of the detaining authority while passing order of detention.
“Keeping in view of the principles of law these orders are accordingly quashed and the detenues are directed to be released if not otherwise required in any other case”, Court directed.
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