Excelsior Correspondent
Srinagar, Mar 19: High Court today quashed four detention orders passed under Public Safety Act citing non-application of mind on part of detaining authority and directed the release of detenues.
The PSAs of Ashiq Hussain Sheikh of Bhaderwah Doda, Yawar Ahmad Bhat of Pulwama, Sageer Ahmad of Srinagar and Tariq Ahmad Sheikh of Srinagar were quashed by the court and authorities were directed to release them from the custody.
The court while quashing these PSAs said the Detaining Authority has to be alive to all the facts and circumstances of the case and is required to record compelling reasons necessitating such detention of the detenue.
“…that the Detaining Authority has failed to record compelling reasons necessitating the detention of the detenue, in that, law is equally settled that recourse to preventive detention cannot be taken to as a substitute of criminal activities of a person and noticed in the preceding paras, the impugned order is not legally sustainable”, Court recorded in case of detenue-Sheikh.
Court has quashed the PSA of detenue-Bhat citing that the dossier against the detenue is of sweeping and generalized nature and so are the grounds of the detention framed by the District Magistrate as he abandoned an independent exercise of his mind in dealing with the dossier submitted by the SSP concern against the detenue.
Court said the detention and grounds are simply repeated verbatim form police dossier.
Court in detenue-Sageer’s case said, the sponsoring agency was under obligation to have brought the complete facts to the notice of the detaining authority so as to enable the detaining authority to derive its subjective satisfaction that despite grant of bail, the detention of the petitioner is necessary. On this ground also, the order of detention is not sustainable in the eyes of law.
“Failure on the part of the detaining authority to supply all the material relied upon by him to the petitioner while issuing the impugned order of detention, renders the impugned order of detention illegal”, reads the judgment passed in case of detenu-Tariq Ahmad Sheikh.
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