Excelsior Correspondent
Srinagar, Nov 24: High Court today quashed six detention orders passed under Public Safety Act and directed the release of all the detenues.
Court quashed PSA of Javid Ismail Bara of Chokibal Kupwara, Waheed Majeed Wagay of Kulgam, Mugais Ahmad Gagroo of Kadi Kadal Srinagar, Musaib Altaf Mir of Baramulla, Yasir Ahmad Bhat of Srinagar and Mohammad Abdullah Dar of Kupwara.
All the six detenues were detained under the orders of the District Magistrates on 17.10.2021, 18.10.2021, 15.12.2021, 21.10.2021, 24.02.2022 and 2.12.2021 on the ground that their activities are prejudicial to the security of the state.
Court said while passing an order of detention it has to formulate the grounds of detention and satisfy itself that the grounds of detention so formulated warrant passing of the order of preventive detention.
“However, in the instant case (of Bara), it is evident from the impugned order of detention that the grounds of detention have not been prepared by the detaining authority but by the sponsoring agency which is against the mandate of law, thus, the impugned detention order is vitiated on this count as well”, court recorded.
Court while dealing with other petition said that there is nothing on record which prompted detaining authority to pass the impugned order of detention against the detenue.
“There is nothing to indicate the compelling reasons for the detaining authority to pass the impugned detention order against the detenue and that too, after unexplained delay. Be that as it may, the detenue is already behind the bars for about 9 months and nothing adverse has been reported against him”, reads the judgment.
In case of detenue-Gagroo, court added that the Detaining Authority has mentioned in the grounds of detention that the petitioner-detenue is a constant threat to the maintenance of security of the Union Territory of Jammu and Kashmir.
“Thus, it is clear that the Detaining Authority is unsure as to whether the activities of the detenue are prejudicial to the security of the Union Territory of Jammu and Kashmir or the same are prejudicial to the maintenance of public order. The Detaining Authority while passing an order of detention has to be satisfied and sure about the exact nature of the activities of the detenue”, reads the judgment.
Court said in which manner the grounds of detention and the impugned order of detention have been framed clearly reflects a state of uncertainty on the part of the Detaining Authority while recording its satisfaction. This renders the impugned order of detention unsustainable in law.
In detenue-Mir’s case court said the failure of the respondents to consider the representation submitted by the detenu indisputably amounts to violation of the provisions of Article 22(5) of the Constitution.
“For these reasons, the petitions are allowed. The impugned orders of detention are quashed. A direction is issued to the respondents to release the detenues from the preventive custody forthwith, provided they are not required in connection with any other case”, Court concluded.
Trending Now
E-Paper
Follow our WhatsApp channel