Excelsior Correspondent
Srinagar, Aug 29: High Court has quashed three detention orders passed under Public Safety Act including that of a student and directed release of the trio from preventive custody.
Justice Sanjay Dhar has quashed the PSA of Sajjid Zahoor Khan resident of Illahibagh, Srinagar. Detenue-Khan was detained by virtue of detention order 02.01.2023 passed by the District Magistrate, Srinagar citing that his activities are prejudicial to the security of State.
It was contended before the court that the detaining authority has issued the impugned detention order mechanically without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue-Khan and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue.
The court while quashing the order of detention of the detnue-Khan said, there is nothing mentioned in the grounds of detention to demonstrate that the activities of the detenue, on the basis of which the FIR came to be registered against him, had an impact of disturbing even the tempo of life of the community or had the effect of affecting the public at large.
“The apprehension of the detaining authority that the remaining of detenue at large would be detrimental to the maintenance of public order, cannot be made basis for placing the detenue under preventive detention”, read the judgment.
The court has quashed the PSA of another detenue-Irshad Mohi-ud-Din Bhat. He was detained on 14.01.2022 by the District Magistrate, Bandipora and challenged the same on the ground that the grounds of detention are vague on the basis of which no prudent man can make a representation against such allegations.
The court said that all of the material relied upon by the detaining authority, while framing the grounds of detention, has not been supplied to him and the petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board.
Justice Dhar has also quashed detention of one Salman Ahmad Wani. Detenue-Wani was detained on 28.06.2022 by the District Magistrate, Shopian with a view to prevent him from acting in any manner prejudicial to security of the UT/Country.
Wani is a 2nd year student of degree college Shopian and was detained for allegedly providing logistic support to militants and is currently lodged at District jail Haryana.
His PSA was quashed for not providing him the whole material of the detention record due to which he could not make an effective representation before the competent authority. “For the foregoing reasons, these petitions are allowed and the impugned detention orders are quashed. The respondents are directed to release the petitioners from the preventive custody forthwith, unless, of course, they are required in connection with any other case”, Court concluded.
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