Excelsior Correspondent
Srinagar, May 29: High Court today quashed three detention orders under Public Safety Act and directed release of all the three detenues, if not required in any other offence.
Hearing three separate petitions challenging therein the orders of detention passed by District Magistrates concerned, Justice Vinod Chatterji Koul citing that the detentions are replica of dossier and no opportunity has been given to the detenues to make representation against the detention with competent authority as such quashed all detentions with the direction to the authorities to release them from the preventive custody.
Detenue Sajad Ahmad Bhat of Chadoora, Budgam challenged the validity of Detention Order No. DMB/PSA/02 of 2020 dated 27.01.2020 passed by District Magistrate, Budgam, detaining under clause (a) of Section 8 of the Jammu and Kashmir Public Safety Act 1978 to prevent him from acting in any manner prejudicial to the security of the State.
Court said, it is imperative upon the detaining authority to inform the detenue that he has a right to make a representation to the detaining authority as well as to the Government and not only that he is to be informed about the time within which such representation is to be made.
Detaining authority Court said has, in essence, violated Constitutional and Statutory rights of detenue, guaranteed under Article 22(5) of the Constitution of India and Section 13 of the Act of 1978 and resultantly vitiates impugned detention as detenue had a right to move a representation to the detaining authority till the detention order was approved.
In case of detenu Manzoor Ahmad Ganaie of Koil Pulwama court said as there are very serious allegations against detenue-Ganaie as he has always been in the lead role in anti-social and anti-national activities, which are detrimental to the sovereignty and integrity of the country and in this connection the criminal cases are already going on against him under various provisions of Penal Laws.
Court said if he is found guilty, he will be convicted and given appropriate sentence but the detention cannot be made a substitute for ordinary law and absolve investigating authorities of their normal functions of investigating crimes, which detenue may have committed.
Detenue-Ganaie was detained under detention Order No.10/DMT/PSA/20 dated 29.06.2020, issued by District Magistrate, Pulwama under preventive detention in terms of J&K Public Safety Act and directing his lodgement in Central Jail Srinagar.
Observing that there is non-application of mind on part of the detaining authority while passing the detention order against the detenue-Aijaz Ahmad Dar of District Budgam, Justice Koul said it is clear that the grounds of detention and the dossier, if in similar language, go on to show that there has been non application of mind on the part of the detaining authority
His detention was passed by District Magistrate Budgam under Order No. DMB/PSA/15 of 2020 dated 07.07.2020. “The impugned order of detention is, therefore, unsustainable in law on this ground alone and this petition is disposed of and the impugned detention order is quashed. Accordingly, the respondents are directed to release the detenue-Dar from the custody forthwith, if he is not required in any other case”, Justice Koul directed.
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