Excelsior Correspondent
SRINAGAR, July 9: High Court quashed seven detention order passed under Public Safety Act (PSA) and directed the jail authorities to release the detenues from the preventive custody.
Court quashed the detention of Suhaib Azim Khan of Pethbugh Dialgam, Danish Abdullah Bhat Bhagwanpora Verinag of Anantnag, Abdul Bari Khan of Gaibpathri Arin Dardpora District Bandipora, Danish Hussain Kakroo of Chesti Colony, Baramulla, Jahangir Ahmad Bhat of Wahibugh District Pulwama, Basit Ahmad Shah of Magraypora Bapora Wanpora Budgam and Ghulam Nabi Mir of Sadrabal, Hazratbal, Srinagar.
Court said that neither in the dossier nor in the order of detention it is mentioned that the detenu-Khan has been granted bail before issuance of detention order and the whole of the material was not placed before the detaining authority so as to enable it to record its subjective satisfaction that the passing of detention order is necessary so as to prevent the detenu from indulging in activities which are prejudicial to the security of the State which vitiates the order of detention.
Court while dealing with case of detenu-Danish said the Detaining Authority was bound to record the compelling reasons as to why the detenu could not be deterred from indulging in subversive activities by resorting to normal law. There are no such reasons or material available on record. The impugned order of detention of the detenu is, therefore, unsustainable in law.
Court in detenu-Bari’s case said that there is no mention of the particulars of the place and the identity of the persons and militants alleged to have received support of the detenue. Court has held that the grounds, being vague and lacking in material particulars, the detenue could not have made an effective representation against his detention. Therefore, there has been violation of constitutional guarantees envisaged under Article 22(5) of the Constitution as such the detention order is illegal and unsustainable.
Court quashed the detention of detenu-Kakroo on the ground that the detenue has not been provided with all the material that has formed basis of his detention in order to enable him to make an effective representation against the detention hence, the impugned order of detention has been rendered unsustainable in law by the court.
In detenu Jehangir’s case court recorded that irrelevant grounds were taken into consideration for making the order of detention and such ground is sufficient to vitiate the order as it is not possible to assess, in what manner and to what extent, that irrelevant ground operated on the mind of the appropriate authority, and contributed to his satisfaction that it was necessary to detain the detenu in order to prevent him from acting in any manner prejudicial to the maintenance of the public order or security of the State.
“On the touchstone of the law laid down, the detenu in the present case could not have been detained after taking recourse to the provision of the Public Safety Act, when he had not been released from the custody of the police in the above referred case, therefore, in view of the facts of the case and the law the impugned order of detention, does not sustain on the aforesaid grounds”, Court said in detenu-Basit’s case.
Court said that non-mentioning of important fact in the grounds of detention exhibits non-application of mind on the part of detaining authority while passing the impugned order of detention against the detenu- Ghulam Nabi Mir. Court recorded this shows that the detaining authority has not meticulously examined the record while passing the impugned order of detention which renders the same unsustainable in law.
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