Excelsior Correspondent
SRINAGAR, Aug 8: High Court has quashed four detention orders issued under Public Safety Act (PSA) and directed the release of the detenues.
Justice V C Koul has quashed the PSAs of Arif Ahmad Sheikh and Nazir Ahmad Chopan. The duo were arrested by the District Magistrates of Baramulla and Budgam on 09.10.2020 and 01.08.2024 respectively.
The court said the PSA of Sheikh would not sustain the respondents neither in the counter affidavit nor in the detention record have anywhere stated that any sincere efforts much less serious were made for executing the impugned order.
“When it not being anywhere also alleged by the respondents either in the counter affidavit or in the detention record that the petitioner herein was not available for execution of the impugned order or that the execution of the order is attributable to the petitioner”, reads the judgment.
The PSA of Chopan has been quashed as the respondents in their reply admitted that the representation by the petitioner has been considered after lapse/delay of 08 months and also as is claimed by petitioner rejection of representation has even not been communicated to detenu.
“Even if we go by the contents of reply and communication dated 17.03.2025, there has been inordinate delay in considering and deciding representation of detenu/petitioner, which also vitiates impugned order of detention”, the court said.
Justice Rahul Bharti has quashed the PSA of Zakir Hussain of Nagrota and Justice M A Chowdhary has quashed the PSA of Rafiq of Udhampur. “The detenue is directed to release from preventive detention custody subject to his furnishing personal as well surety bonds of rupees five lakhs each to be valid for a period of three years from the date of furnishing of the said two bonds during the course of which if the petitioner is booked and challaned for repeat occurrence of offences of the nature for which the petitioner came to be previously booked then, the petitioner shall be suffering forfeiture of the bonds, personal as well as surety”, Justice Bharti directed.
Justice Chowdhary in Rafiq’s case said the detaining authority has apprehended the public order based on the FIRs against the detenue, however, the detaining authority has failed to record as to what was the ‘law and order problem’ much less as that of ‘public order’ in the year 2022 or immediately after registration of the last FIR in the year 2024.
“For the foregoing reasons, these petitions are disposed of and detention Orders are quashed. Respondents are directed to release the detenues from the preventive custody forthwith, provided they are not required in any other case”, the court directed.
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