SRINAGAR, Mar 6: The High Court has quashed three detention orders passed under Public Safety Act and directed the authorities to release the detenues from the preventive custody.
Justice Sanjay Dhar quashed the detention orders of two detenues Mushtaq Ahmad Wani of Kokernag Anantnag and Aijaz Ahmad Dar of Budgam. These detention orders were passed by District Magistrate Anantnag and District Magistrate Budgam against these detenues on 7.7.2020 and 9.4.2020 respectively.
The order of detentions showed that both the detenues were put under preventive detention with a view to prevent them from acting in any manner prejudicial to the maintenance of public order.
Justice Dhar with regard to the detention of detenu-Wani said, it is clear that unless there are fresh grounds of detention, a person cannot be put under preventive detention on the basis of the grounds of detention which have formed basis of an earlier detention order that has either expired or has been quashed by a Court.
“The ratio laid down by the Supreme Court in the afore cited two cases squarely applies to the facts of the instant case and, therefore, the impugned order of detention cannot be sustained in the eyes of law”, Justice Dhar recorded.
While dealing with the case of detenu-Dar, court said, it can safely be stated that the respondents by not informing the petitioner-Dar about his right to make a representation to the detaining authority against the impugned order of detention, are guilty of committing infraction of a Constitutional right guaranteed to the petitioner under Article 22(5) of the Constitution and the statutory right guaranteed to him under Section 13 of the J&K Public Safety Act as such the impugned order of detention is, therefore, rendered invalid and unsustainable in the eyes of law.
Justice Ali Mohammad Magrey has quashed the detention of one Showkat Ahamd Bhat of Pulwama passed by District Magistrate Pulwama on 9.9.2020 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.
Justice Magrey while quashing the said detention recorded that the detenu was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention as such on this count alone, in view of the settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention by not providing the sufficient material.
“Accordingly, the detention order is quashed and the detenu, Showkat Ahamd Bhat is directed to be released from preventive custody forthwith”, Justice Magrey directed.