Excelsior Correspondent
JAMMU, Oct 23: High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of a close aide of MLA Mehraj Malik namely Mohammad Rafi alias Pinka, son of Ghulam Kadir Sheikh, resident of Phagsoo (Thathri) under J&K Public Safety Act.
During the course of hearing, Advocate Rahul Raina appearing for the detenue Mohd Rafi alias Pinka contended that subjective satisfaction is to arrive at by Detaining Authority which would reflect application of mind on its part. He further submitted that the allegations mentioned in grounds of detention are vague, absurd and baseless and without any substance and also relied upon a judgment of Division Bench of this court dated 26-07-2024 in LPA No. 19/2024 titled Showkat Ali V/s UT of J&K.
Advocate Rahul Raina further submitted that grounds of detention are bereft of details of activities of detenue which would have necessitated issuance of detention order in as much as issuance of order of detention on vague grounds deprives detenue of his right to make an effective and meaningful representation.
After considering the submissions of Advocate Rahul Raina, Justice Vinod Chatterji Koul observed, detention order was passed on 10-04-2025 and approved by the Home Department vide Govt. Order dated 16-04-2025 and after approval, the District Magistrate, Doda has considered and rejected the representation vide order dated 01-05-2025 though being forwarded to the Advisory Board”, adding “the Advisory Board has not considered and decided the representation nor has any decision been conveyed to the detenue”.
Accordingly, High Court allowed the Habeas Corpus Petition of detenue, who is a close aide of MLA Mehraj Malik and accordingly quashed detention Order No. PSA 03 of 2025 dated 10-04-2025 passed by the District Magistrate, Doda and further issued directions that detenue be released from the custody forthwith, if he is not otherwise required in any other case.
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