Excelsior Correspondent
Srinagar, Apr 27 High Court has quashed four detention orders passed under J&K Public Safety Act by observing that these orders are bad in law and directed the authorities to release the detenues from the preventive custody immediately.
Detenu Abdul Qudoos Rather of district Kupwara had challenged the detention order passed by District Magistrate, Kupwara against him on November 22, 2019 whereby he was taken into preventive custody with a view to prevent him from acting in any manner prejudicial to the security of the State.
Superintendent of Police Handwara had placed the detail of activities in respect of detenu-Rather before the detaining authority and recommended his detention under the provisions of Jammu and Kashmir Public Safety Act.
Justice Kumar while quashing the detention said the detaining authority while passing the order of detention was not aware with regard to the already arrest of the petitioner-Rather in FIR No. 87/2019 and his being in custody on the date the detention order was passed by him.
Court noted that the order of detention was executed on 23rd November 2019 and the period of detention has thus expired w.e.f. 23rd December 2020. “In the absence of any further extension granted by the Government, the petitioner cannot be kept under preventive detention after 23rd November 2020. For that reason also, the detenu becomes entitled to be released forthwith”, Justice Kumar said.
Court quashed the detention of one Riyaz Kahliq Parray of district Baramulla. He was detained under detention as of February 2020 by District Magistrate, Baramulla. Court while quashing his detention said the non-application of mind by the detaining authority is fatal 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 learned counsel for the petitioner. In view of the aforesaid, this petition is allowed and the impugned order of detention is quashed”, the court concluded.
Court also quashed the detention of detnu-Feroz Ahmad Parray. Detention order was passed against him by District Magistrate, Pulwama on 25.09.2020 in order to prevent him from acting in any manner prejudicial to the maintenance of public order on the grounds detailed in the grounds of detention served upon the petitioner.
Court while quashing his detention said that the incident for which FIR No.80/2011 has been registered pertains to the year 2011 whereas the impugned order of detention has been passed in September, 2020 as such there is no proximate and live link between the activities of the detenu and the object of detention.
“Absent the live and proximate link between the two, it cannot be said that the detaining authority has derived its subjective satisfaction on the basis of any relevant material placed before it and in the grounds of detention there is a specific mention that preventive measures taken against the detenu in terms of section 151 of Cr. P.C could not succeed to deter the detenu from acting in any manner prejudicial to the maintenance of public order”, Justice Kumar recorded.
While dealing with the case of detenu-Ishfaq Amin Bhat of Pulwam, court said that in the absence of requisite and definite material having been supplied to the detenu, it cannot be said that he has been given an opportunity to make an effective representation against his detention, which is a constitutional right of the person detained under preventive detention.
“I find substance in this petition and the same is, accordingly, allowed. The impugned order of detention is quashed. Direction is issued to the respondents to release the detenu from the preventive custody forthwith”, Justice Kumar directed.
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