HC quashes 4 detention orders, directs release of detenues

Excelsior Correspondent

Srinagar, Dec 10 : High Court today quashed detention orders of four detenues under Public Safety Act and directed the jail authorities to release them.
Justice Ali Mohammad Magrey and Justice Javed Iqbal Wani in separate petitions filed by these detenues quashed these detention orders and directed the authorities to release them from the preventive custody forthwith unless required in any other cases.
Justice Iqbal has quashed the detention orders of detenues Yasir Majid Mir of Kokernag and Mudasir Ahmad Bhat of Pampore Pulwama. Both the detenues were detained 31.03.2021 and 23.4.2021 by the District Magistrates of district Anangnag and Pulwama respectively.
Justice Iqbal after perusal of impugned detention orders recorded that it is on the basis of dossier placed before detaining authorities by the concerned Senior Superintendent of Police, detaining authority was satisfied that with a view to prevent both the detenues from acting in any manner prejudicial to the security of the State  and Country, it was necessary to detain the detenu under necessary provisions of law. So, it is on the basis of dossier and other connected material/documents that the impugned detention order has been passed by detaining authority, however the record of detention orders have not been supplied to the detenues in order to make them a representation before the authorities against their detention orders.
Justice Magrey has quashed the detention orders of detenu-Hilal Ahmad Dar of Pulwama and Bashir Ahmad Beigh of Baramulla. Both detenues were detained under Public Safety Act on 29.01.2021 and 21.10.2020 by the District Magistrates of district Pulwama and Baramulla citing that their activities are prejudicial to the security of the state.
Justice Magrey quashed both the orders on the ground that the detenues were provided the material in the shape of grounds of detention with no other material and documents as referred to in the orders of their detention. “On these counts alone, the detention of the detenes  are vitiated, the detenues having been prevented from making an effective and purposeful representation against the order of detention”, Justice Magrey said.
Justice Magrey, while quashing these detention orders, directed the Registrar Judicial to send the copies of Judgments to the Director General of Prisons and also concerned Jail authorities for compliance.