Excelsior Correspondent
Srinagar, Aug 17 : High Court today quashed three detention orders passed under Public Safety Act and directed the jail authorities to release the detenues from the preventive custody.
Justice Vinod Chatterji Koul while dealing with three separate petitions challenging the detention orders passed by the District Magistrates of Baramulla and Pulwama against the detenues Imtiyaz Ahmad Najar, Waseem Manzoor Gazi and Mohammad Amin Mir.
In detenue- Gazi’s case, court while referring the Supreme Court ruling said, it is crystal clear that grounds of detention and dossier, if in similar language, go on to show that there has been non-application of mind on the part of detaining authority and in the instant case, it is clear from the record that the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority. The impugned order of detention is, therefore, unsustainable in law on this ground alone.
“The non-application of mind by the detaining authority is factual and goes to the root of the detention and, therefore, is sufficient to vitiate the impugned order of detention. For that reason, there is hardly any necessity to consider other grounds of challenge urged by the counsel for petitioner”, reads the judgment.
In detenue-Mir’s case court said the procedural requirements, as discoursed and noted have not been followed and complied with by respondents in letter and spirit and as a corollary thereof, impugned detention needs to be quashed.
While dealing with the case of detenue-Najar court said, the detenu had a right to move a representation to the detaining authority till the detention order is approved and in the present case, the detaining authority has failed to inform the detenu-Najar about his right to make a representation before it. This has resulted in infraction of statutory and constitutional rights guaranteed to detenue.
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