Srinagar, Feb 25: High Court today quashed the detention of Jamat-e-Islami spokesperson and directed the authorities for his release from the preventive detention.
The detention of advocate Ali Mohammad Lone Zahid spokesperson of JeI was passed against him by the District Magistrate Pulwama on June 2020 on the ground that his activities are very serious and if he is permitted to continue with his activities, it would be highly prejudicial to the security of the State as the detenu is an active member of JeI and is indulging in motivating the youth to strengthen the cadre of militants and instigates them to indulge in disturbing activities.
On the other hand the detention has been challenged on the ground that the order passed on same facts and for the same activities which were part of the grounds of detention in the earlier detention order which was quashed by the court as such same is not sustainable in the eyes of law.
Justice Sanjeev Kumar said it is rightly contended that the detenu was in custody of the State when the organization, JeI was banned and continues to be so as on date. Court said the banning of organization cannot be said to be a ground for detaining the detenu.
Court said it is of the view that the grounds of detention on which the detenu has been placed under preventive detention, are stale on the basis of which the detenu has been detained twice and both the orders of detention have earlier been quashed by the court and there was no fresh material available against the detenu which would justify his further detention in the preventive custody and the factual averments made by the detenu in his petition have not been denied by the authorities.