Excelsior Correspondent
SRINAGAR, May 20: High Court has upheld a detention order passed under the Public Safety Act (PSA) and quashed two orders with the directions to release the detenues.
Justice Sanjay Dhar quashed the PSA of Zahoor Ahmad Khan who was detained on 11.11.2020 by the District Magistrate Budgam. The court while quashing his PSA said that there has been no explanation on the part of respondents regarding delay in execution of the impugned detention order. Even the record produced by the respondents does not offer any explanation for delayed execution of the order of detention.
“Even in their counter affidavit, the respondents have not offered any explanation whatsoever regarding delayed execution of the order of detention. The same, therefore, renders the impugned detention order unsustainable in law. The respondents are directed to release the petitioner from the preventive custody forthwith, provided he is not required in connection with any other case,” the court directed.
Justice Dhar upheld the PSA of Rayees Ahmad Malik who was detained on 12.05.2023 by District Magistrate Pulwama. The grounds of detention would reveal that the detenue-Malik had come in contact with some OGWs. Those OGWs are Gulzar Ahmad Bhat of Nehama Kakapora, Latief Hassan Lone of Honipora and Suhail Ahmad Ganai of Sethergund.
“It is clearly indicated in the grounds of detention that the petitioner was introduced by OGWs to a hardcore terrorist, Rayees Ahmad Dar. It is also mentioned in the grounds of detention that the petitioner was the most dependable source of active LeT terrorist Rayees Ahmad Dar and that the petitioner was responsible for each and every terrorist attack that was carried out in Newa Kakapora and beyond”, the court recorded.
The court concluded that there is no ground to interfere with the impugned order of detention and dismissed the petition accordingly.
Justice Rahul Bharti has quashed the PSA of Rameez Ahmad Itoo of Kulgam. He was detained on 29.11.2024 by the concerned District Magistrate. The court directed to release him forthwith on furnishing of a personal bond for an amount of Rs. One lakh with one surety of like amount to the Superintendent, District Jail, Rajouri.
The court further directed him to appear before the District Magistrate, Kulgam as and when called to appear in person by the concerned District Magistrate in relation to proceedings for keeping good behavior under the Bharatiya Nagarik Suraksha Sanhita within a period of six months from the date of his release from District Jail, Rajouri pursuant to this judgment.
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