HC quashes detention of Hurriyat member, directs release

By
Daily Excelsior
-

Excelsior Correspondent
Srinagar, June 30: High Court has quashed the detention of All Parties Hurriyat Conference (APHC) member and directed the jail authorities to set him free from the preventive custody.
Through the medium of the petition filed by detenu-Imtiyaz Hyder through his son had questioned the order of detention bearing No. DMB/PSA/31 of 2019 dated 29.07.2019 issued by the District Magistrate Budgam whereby he was detained under the Jammu and Kashmir Public Safety Act, 1978.
Detenu-Hyder had questioned the impugned order of detention on the grounds that the constitutional as well as procedural safeguards as envisaged under the Constitution of India as well as under the Act have not been complied with by the Detaining Authority while passing the order of detention.
Justice Rajnesh Oswal after perusal of record said the order impugned has been passed on the similar grounds as narrated in the earlier grounds of detention on the basis of which the earlier order of detention was passed.
Court said the same grounds could not have been relied upon by the respondent-detaining authority for issuance of the fresh detention order. “The law is well settled that if the order of detention comes to an end either by revocation or by the expiry of the period of order of detention, there must be fresh facts for passing a subsequent order of detention”, Justice Oswal recorded.
Court added that when the detention order has been quashed by the court, the grounds of order are not to be taken into consideration either as a whole or in part even along with the fresh grounds of detention in order to pass a fresh detention order and if such previous grounds of detention are taken into consideration while passing a fresh detention order, the order of detention will be vitiated.
“This petition is allowed. Detention order No. 01/DMB/PSA/31 of 2019 dated 29.07.2019 is quashed. Petitioner (detenue) be set free from the preventive custody, provided he is not required in any other case”, Court concluded.

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