Excelsior Correspondent
Srinagar, July 21: The High Court has quashed three detention orders passed under Public Safety Act (PSA) and directed the release of the trio from preventive custody.
Justice Sanjay Dhar, Justice V C Koul and Justice M Y Wani quashed the PSAs of Ashiq Hussain Dar of Pulwama, Ishfaq Ahmad Wani of Anantnag and Sahil Ahmad Chunka of Srinagar respectively. The trio were put under PSA by the concerned District Magistrates on 10.01.2024, 20.04.2024 and 18.11.2024 with a view to prevent them from acting in any manner prejudicial to the security of the State.
“Thus, past conduct of a detenue has to be taken into account while drawing an inference whether such person is likely to act in a manner prejudicial either to maintenance of public order or security of the State. Such conduct of the detenue should have a proximate link to the date of passing of the order of detention and the detaining authority has to draw a satisfaction that there are compelling reasons for passing a detention order against such person. It is also clear that there were no compelling circumstances for the detaining authority to pass the impugned order of detention in the absence of fresh activities attributable to the petitioner. Thus, the impugned detention order is not sustainable in law”, Justice Sanjay Dhar said.
“In the event there is any delay in supplying/ communicating the order of rejection of the representation to the detenu/ petitioner, it would also cause prejudice to the detenu as he would be deprived of his right to seek remedy vis-à-vis the order of rejection, which may prove fatal to the order of preventive detention. Thus, it is fundamental to interfere with the order of detention in view of failure of respondents to communicate rejection of representation to detenu/petitioner inasmuch as non-communication and/or delay in communication of rejection of representation to detenu/petitioner forms a part of infraction on detenu’s constitutional right under Article 22(4) of the Constitution of India”, Justice Koul said.
“While reading the grounds of detention and the police dossier in juxtaposition, the former appear to be the replica of the police. An application of mind necessarily involves some independent corroboration by the detaining authority of the contents of the police dossier from its own sources. Application of mind, subjective satisfaction, inevitability of the detention order, proper and prompt communication of the grounds of detention and the information of liberty to make a representation against the detention order, are the imperative and inevitable conditions rather than mandatory requirements for passing of a detention order”, Justice Wani said.
The Court while mentioning flaws in all the three PSAs allowed the pleas of all the three detenues and quashed these PSAs with the directions to the jail authorities to release the trio from the preventive custody.
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