Excelsior Correspondent
Srinagar, Nov 24: High Court quashed five detention orders passed under Public Safety Act and directed the authorities to release the detenues.
Justice Vidnod Chatterji Koul quashed the PSA of Manzoor Ahmad Nanda of Rajpora Pulwama, Mohammad Younis Bhat Aripal District Pulwama, Danish Mohi-ud-din Najar Frisal Yaripora, District Kulgam and Hilal Ahmad Mir Zaingeer, District Baramulla while as Justice Dhar has quashed the PSA of Asif Ali Bhat of District Baramulla.
“There is force in the submission of counsel for petitioner that there is no live link between the last activity and the impugned order of detention inasmuch as FIR Nos.182/2007, 72/2007, 35/2007, 23/2010 & 116/2011, have been taken into account by detaining authority while passing order impugned, unmindful of the fact that detenu has been bailed out in the said FIRs and there have been no further activities alleged against detenu. Resultantly, the impugned order of detention is liable to be quashed”, the court said in detenu-Nanda’s case.
The court while quashing the PSA of detenue-Younis said, there is no cogent explanation coming to fore from perusal of the grounds of detention with reference to the live-link between the prejudicial activities and the purpose of the detention and resultantly the impugned detention order is liable to be quashed.
In detenue-Najar’s case court said, when the incidents, constituting the last incident, stops about six years back and as discussed the thread of connectivity between the last incident and the order of preventive detention, is lost. “The order of detention can be stated to be based on stale events in the absence of live link. Intertwined with the issue of proximity and live link are other factors that have vitiated the order of detention in the present case”, reads the judgment.
“The law in this regard is well settled. If an order of detention comes to an end either by revocation or by expiry of the period of order of detention, there must be fresh facts to pass a subsequent detention order. Impugned detention order is liable to be quashed as grounds of detention made use of by detaining authority while passing earlier detention order, subsequently quashed by this Court, have again been pressed into service while passing impugned detention order”, reads the judgment passed in detenue-Mir’s case.
Justice Sanjay Dhar quashed the PSA of detenue-Asif Bhat on the ground of delay in deciding the representation of detenue against the detention order at a belated stage. “In the present case, the respondents have received the representation of the petitioner in the third week of July, 2024 but the same has been decided by them on 13.09.2024. This slackness on the part of respondents to take a decision on the representation of the petitioner renders the impugned order of detention illegal”, the court said.
The court with these reasons quashed all the five PSA with the directions to the authorities to release the detenues from the preventive custody forth with.
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