Excelsior Correspondent
Srinagar, Aug 30: The High Court today quashed the detention order passed under Public Safety Act against Dukhtaran-e-Milat chief Syed Asiya Andrabi and directed the authorities to release her.
Court of Justice M K Hanjura quashed the detention order of Asiya Andrabi passed by District Magistrate Srinagar detention (order No. DMS/ PSA/01/2017 dated 09th of May, 2017).
“…The petition is allowed, as a consequence of which, the order of detention is quashed with a further direction to the respondents to release Syed Asiya Andrabi, wife of Ashiq Hussain Faktoo R/o Soura Srinagar, Kashmir, forthwith from the preventive custody”, Justice Hanjura directed.
Court after going through the petition said the District Magistrate, Srinagar, invoked the aid of all the three FIRs in ordering the detention of the detenue. Two of them, court observed are related to the year 2015 and the third one pertains to the year 2016 while as the detention order has been passed on 09-05-2017.
Court further added that the order detention speaks volumes about the complete lack of application of mind. It states that the very foundation of the order of the extension of the period of detention is the recommendation made by the Inspector General of Police (IGP), CID, which is completely unknown to the provisions of law contained in the JKPSA. Court said, the detention of the petitioner extended by the said official, is in utter violation of the law.
Court has also quashed the detention order of DeM activist Fehmeeda Sofi who is also the secretary of DeM chief and directed the authorities to release her from preventive custody.
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