Excelsior Correspondent
Srinagar, Feb 1: High Court today quashed the detention order of Ameer Jamat-e-Islami and directed the authorities to release him from the preventive custody.
The Division Bench of Justice Sanjeev Kumar and Justice Rajnesh Oswal while setting aside the writ court judgment whereby by the detention under Public Safety Act against Abdul Hameed Ganai was upheld and quashed and authorities were directed to release him.
Gania was detained in terms of the detention order dated March 20, 2019 passed by District Magistrate Budgam and feeling aggrieved of the said detention he filed a petition challenging therein the detention.
It was stated that the activities of detenu were inimical to the security of the state and was booked in FIR under Unlawful Activities Act as such it was imperative to keep him under preventive detention so as to prevent him from indulging in nefarious and anti-national activities.
The DB said that neither in the dossier supplied by SSP nor in the grounds of detention, there is any whisper as to whether the appellant was ever arrested in FIRs. “The detaining authority has also not indicated any reason as to why the substantive laws of the State were not sufficient to deter the detenu from pursuing his activities aimed at destabilizing the State and thereby threatening its security”, DB recorded.
Court said that the allegations against the detenu as narrated in the grounds of detention may justify his detention under preventive custody so as to prevent him from acting in any manner prejudicial to the security of the state, but court added, the preventive detention law, which provides for depriving a citizen of his liberty without putting him to trial is required to be adhered to scrupulously.
Court with these reasons held that the order of detention is clearly vitiated by total non-application of mind by the detaining authority and it should have been held so by the writ court. Court in this view said the appeal against the writ court judgment filed by the detenu has merit and accordingly accepted the appeal by setting aside the writ court judgment and subsequently quashed the detention order.
Court on FIRs against the detenue said these only constitute subsidiary facts giving rise to a ground on the basis of which the detaining authority has arrived at a satisfaction that the detention of the detenu under preventive law is imperative.
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