Excelsior Correspondent
Srinagar, Dec 4: High Court today quashed three detention orders passed under Public Safety Act and directed the authorities to release the detenues from preventive custody.
Justice Sanjay Dhar has quashed PSAs of three detenues-Sameer Ahmad Khan, Owais Altaf Bhat and Mohammad Maqbool Karnai and directed the authorities to release the trio from preventive custody.
All the three detenues were detained by the District Magistrates of Anantnag, Srinagar on 14.02.2022, 17.03.2022 and 28.02.2022 respectively so as to prevent them from acting in any manner prejudicial to security of the State.
It has been contended before the court that the allegations mentioned in the grounds of detention are vague, non-existent and have no nexus with the detenue and the same have been fabricated by the police in order to justify the illegal detention of the detenue and that the detaining authority has not spelled out any compelling reasons to pass the impugned detention order.
Justice Dhar said that the detaining authority, after giving particulars of activities of the detenue-Khan with reference to FIR, has nowhere recorded its satisfaction in the grounds of detention so as to indicate that there is likelihood of him indulging in similar activities.
On the basis of these vague grounds of detention, without there being any satisfaction on the part of the detaining authority as to the likelihood of the detenue indulging in similar activities after having been released on bail in FIR No.353/2021, the impugned order of detention is not sustainable in law.
In detenue-Bhat’s case court said, the particulars of the period when the detenue is alleged to have provided logistic support to militants are also not mentioned in the grounds of detention. Thus, the grounds, being vague and lacking in material particulars, the detenue could not have made an effective representation against his detention. Therefore, there has been violation of constitutional guarantees envisaged under Article 22(5) of the Constitution. The detention order, as such, is illegal and unsustainable.
“For these reasons, the petition is allowed and the impugned detention order is quashed. The respondents are directed to release the petitioner from the preventive custody forthwith, unless, of course, he is required in connection with any other case”, Court directed.
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