Excelsior Correspondent
SRINAGAR, Aug 19: The High Court today quashed five detention orders passed under Public Safety Act and directed their release.
The court quashed PSA of Manzoor Ahmad Ganie of Chowgam, Mukhtayar Ahmad of Dehruna Dooru, Aqib Bashir Wagay of Amshipora, Faizan Ajaz Mir of Srinagar and Jahangir Ahmad Ganie of Gusoo.
All the detenues were detained by District Magistrates of district Kulgam, Anantnag, Shopian, Srinagar and Pulwama with a view to prevent them from acting any subversive activity prejudicial to the security of the state.
The court on failure on the part of detaining authority to supply the detention material the detenues for making effective representation before the competent authority said the detention orders are illegal and unsustainable in law.
“There is no reference to any recent incident involving the detenue in the grounds of detention. Thus, it is clear that the order of detention has been based on past and stale incidents as there has to be a live and proximate link between the past conduct of the detenue and the activities alleged to be prejudicial to the maintenance of security of the state. In the instant case, the said link is completely missing as the time between the order of detention and the incident referred to in the grounds of detention is far too large to presume such a link”, read the judgment.
The court for these reasons allowed the pleas of these detenues and quashed their detention orders with the directions to the authorities to release them from the preventive custody forthwith, unless they are required in connection with any other case.
The court also added that the detention order of detenue Ganaie is based on such vague grounds and is not sustainable, for the reason that the detaining authority before passing the order has not applied its mind to draw subjective satisfaction to order detention of the detenue by curtailing his liberty which is a valuable and cherishable right guaranteed under Article 21 of the Constitution of India.
“Without disclosing any specific incidents or activities of the petitioner as to when, how and where the said logistic support was provided by him to the militant, therefore, the allegations on which the detention order has been passed are general and vague”, the court recorded.
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