Excelsior Correspondent
Srinagar, August 14: High Court today quashed four detention orders under Public Safety Act (PSA) and said they have been passed without application of mind.
Hearing various petition separately, the court of Justice Tashi Rabstan said that non-application of mind has been found on part of detaining authority while passing these detention orders.
“Applying the settled legal position to the facts of the present cases, I find the orders impugned cannot stand as it is based on the grounds of detention, which is only a verbatim copy of police dossier”, court said.
Court also held that Detaining Authority did not inform detenues that they, independent of their right to file representation against their detention to the Government, has also right to submit a representation to Detaining Authority till detention was considered by the Government and approved.
For these reasons, the detention orders passed by District Magistrate, Baramulla, Bandi-pora and Pulwama have been quashed and the authorities directed to release these detenues forthwith provided they are not required in any other case.
Court quashed the detention of Showkat Ahmad Bhat of Edipora Bomai District Bara-mulla, Javid Ahmad Khan of Manz Mohalla, Saderkote Bala, Tehsil Hajin District Bandipora, Shakeel Ahmad Bhat of Dogripora, Tehsil Awantipora District Pulwama and Yawar Muzafar Bhat alias YawarTanga of Batpora, Sopore District Baramulla.