Excelsior Correspondent
Srinagar, July 15: The High Court has quashed seven detention orders passed under Public Safety Act and directed the authorities to release all the detenues from the preventive custody.
The detenues include Fayaz Ahmad Bhat of Zawoora Shopian, Riyaz Ahmad Ganaie of Meemnder Shopian, Farhad Ahmad Lone of Pattan Baramulla, Altaf Ahmad Najar of Srinagar, Mohammad Shafi Bhat of Peerbagh Budgam, Abid Hussain Ganie Matipora District Anantnag and Shafayat Ahmad Shah of Zainpora Shopian.
Court has quashed these PSAs for failure to provide the material on which detention orders were passed. Court said if detenue is not supplied the material, on which the detention order is based, he will not be in a position to make an effective representation against his detention order.
“The failure on the part of the detaining authority to supply the material, relied at the time of making the detention order to the detenu, renders the detention order illegal and unsustainable”, Court said. Court disposed of all the six petition and accordingly quashed PSAs challenged in these petitions with the direction upon the jail authorities to set the detenues at liberty forthwith provided they are not required in any other case.
Court on perusal of the one of the grounds of detention and the dossier furnished by the authority said it reveals that the grounds of detention are verbatim reproduction of the contents of the dossier except the cosmetic changes.
Court added that the detaining authority was required to apply its mind independently with regard to the material placed before it so as to derive satisfaction that it has become necessary to detain the petitioner, but the same has not been done in the instant case which renders the detention order illegal.
Detenue Najar’s plea has been closed after perusal of the counter affidavit filed by the respondents-detaining authority which reveals that the order of detention has been executed somewhere in the month of December, 2021.” In view of this, the order of detention has outlived its life and it seems that for this reason nobody has been appearing on behalf of the petitioner to pursue this petition”, read the order.
Court in case of detenue-Abid hussain said his grounds of detention are vague as there is no cogent reason mentioned on the basis of which the detenue-Hussain was detained. “Thus, the grounds, being vague and lacking in material particulars, the detenue could not have made an effective representation against his detention”, read the judgment.
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