Excelsior Correspondent
Srinagar, July 8: High Court upheld a detention order and quashed the other two with the direction to the authorities to release the duo.
Justice Sanjay Dhar upheld the PSA of one Owais Farooq Ganie. He was detained by District Magistrate Pulwama on 04.08.2023. The ground on which the impugned detention order was challenged by Ganie was that the representation made by him against his detention before the District Magistrate has not been considered.
The court after perusal of the record said the representation made by the petitioner-Ganie through his father has been duly considered by District Magistrate, Pulwama, whereafter the same has been rejected and the order of rejection has been conveyed to him by the District Magistrate vide communication dated August 11, 2023. “Thus, the ground urged by the petitioner in this regard is not substantiated by the detention record produced by the respondents. For the foregoing reasons, I do not find any ground to interfere with the impugned order of detention. The petition lacks merit and is dismissed accordingly”, read the judgment.
The same court while dealing with two separate petitions filed by the detenues-Abdul Majid Shah and Hilal Ahmad Parray allowed both the petition and accordingly quashed the PSA challenged in these petitions. Shah had challenged PSA passed against him by District Magistrate Pulwama on 13.09.2024 while as Parray challenged the PSA passed against him by the District Magistrate Bandipora on 24.07.2023.
In Shah’s case the court said, there is no mention of the particulars of the places and the identity of the alleged OGWs, Pak handlers and terrorists in the grounds of detention with whom the detenue has met who allegedly brainwashed him.
“The particulars of the period when the detenue is alleged to have met these OGWs etc. are also not mentioned in the grounds of detention. Thus, the grounds, being vague and lacking in material particulars, the detenue could not have made an effective representation against his detention”, the court said.
In Parray’s case the court said, the respondents have not placed on record anything to show that the order of rejection of representation was conveyed to him. “For the foregoing reasons, these petitions are allowed and the impugned orders of detention are quashed. The detenues are directed to be released from preventive custody forthwith provided they are not required in connection with any other case”, the court directed.
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