Excelsior Correspondent
Srinagar, Apr 3: High Court today quashed five detention orders passed under the Public Safety Act and directed release of detenues.
The court has quashed the PSAs of Abdul Ahad, Umar Kabir Mir, Mohammad Iqbal Koka, Irfan Nazir and Bilal Ahmad Malla. All these detenues were detained on 04.04.2024, 12.05.2023, 11.01.2024, 04.04.2024 and 28.6. 2022 respectively by the concerned District Magistrates.
Justice Sanjay Dhar, Justice Rahul Bharti and Justice Mohammad Yousuf Wani quashed PSAs of these detenues separately while hearing their cases.
Justice Sanjay Dhar has quashed the PSAs of Abdul Ahad, Umar Kabir Mir and Mohd Iqbal Koka. While quashing the PSAs of trio, Justice Dhar said, the failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law.
Justice Rahul Bharti quashed the PSA of detenu-Bilal Ahmad Malla. “The time gap from the date of issuance of detention order and actual apprehension of the petitioner-Malla exposes itself to a possible interpretation as to whether the Law Enforcement Authorities/ Agency of District Srinagar resorted to procurement of preventive detention order as a part of cat and mouse game to be played for the petitioner”, the court recorded.
Justice Mohammad Yousuf Wani has quashed the PSA of detenu-Irfan Nazir. The court while quashing his PSA, said, the preventive detentions need to be passed with great care and caution keeping in mind that a citizens most valuable and inherent human right is being curtailed. The arrests in general and the preventive detentions in particular are an exception to the most cherished fundamental right guaranteed under Article 21 of the Constitution of India.
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