Excelsior Correspondent
Srinagar, Mar 2: High Court has quashed four detention orders passed under Public Safety Act and directed the authorities to release the detenues.
Justice V C Koul has quashed three detention orders while Justice Mohan Lal has quashed one detention order. The detenues Arif Ahmad Khan of Ahad-Gool Akad Anantnag, Fayaz Ahmad Bhat of Check Akhal Kangan Ganderbal, Owais Gowhar Khan of Furrah Mirbazar Anantnag and Umer Qayoom Malla of Guzarbal Noorbagh, Srinagar were detained under PSA on 10.04.2022, 07.04.2022, 23.03.2022 and 20.10.2021 respectively by the concerned District Magistrates.
In case of detenue-Khan Justice Koul said the 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 as both documents contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority.
Dealing with the case of detenue-Bhat court said the authorities did not consider the representation of the detenue against his detention till date inasmuch as, there is no mention with regard to the representation filed by the brother of the detenue, either in the reply affidavit or in the detention record. Thus, there is substance in the submission of counsel for petitioner that non-consideration of representation of detenue vitiates impugned order of detention.
Court in case of detenue-Gowhar said the grounds of detention reveals that the same are replica of dossier with interplay of some words here and there. This, thus, portrays non-application of mind and in the process of deriving subjective satisfaction, has become causality. “While formulating grounds of detention, the detaining authority has to apply its own mind. It cannot simply reiterate whatever is written in the dossier”, reads the judgment.
Justice Lal in case of detenue-Malla said that non-supply of the whole of detention material viz the relevant documents, papers regarding proceedings u/s 107/151 Cr.P.C to the detenue has debarred and prevented him from making effective representation to the detaining authority or the Government which is an infraction of the valuable constitutional right guaranteed to petitioner/detenue under Article 22 (5) Constitution of India, which makes the detention order invalid, bad in law, legally unsustainable and liable to quashed.