Excelsior Correspondent
Srinagar, Dec 29: The High Court has quashed seven detention orders passed under the Public Safety Act (PSA) and directed the authorities to release the detenues.
Justice Sanjay Dhar has quashed the PSAs of Umar Akbar Nath of Baramulla, Sheikh Abdul Roub of Kulgam, Fazil Bin Rashid of Shopian, Nazir Ahmad Bhat of Pulwama and Kaiser Ahmad Dar of Pulwama while Justice V C Koul quashed the PSAs of Musavir Nabi Bhat of Srinagar and Firdous Ahmad Shah of Srinagar.
All the seven detenues were detained under the orders of the District Magistrates on 29.03.2024, 07.03.2024, 04.04.2024, 01.02.2024, 04.09.2024, 11.10.2024 and 23.04.2024 respectively. The court said there has been violation of constitutional guarantees envisaged under the Constitution as such the detention order is illegal and unsustainable.
“Thus, vital safeguards against arbitrary use of the law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law. The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law”, reads the judgment.
The court further added that the non-consideration or an unreasonably belated consideration of the representation indisputably amounts to violation of constitutional safeguards provided by the provisions of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.
“The grounds of detention and the detention record produced by the respondents are silent as to the particulars of the fresh activities that have been allegedly undertaken by the petitioner after his release on bail”, the court said in one of the judgments.
The court has further held that failure of the government to communicate rejection of detenue’s representation in a time bound manner is sufficient to vitiate the detention order.
Justice Koul quashed two PSAs on the ground that there has been non-application of mind on the part of detaining authority as the record reveals that the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority. The impugned order of detention of detenue-Musavir and Firdous are, therefore, unsustainable in law on this ground alone.
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