Excelsior Correspondent
SRINAGAR, May 25: High Court quashed the detention of a detenue citing non-application of mind by the detaining authority while passing detention order and directed for immediate release of detenue from preventive custody.
The detenue Farooq Ahmad Bhat alias Tawheedi has filed the instant petition seeking quashing of detention order bearing No. 102/DMB/PSA/2020 Dated 11.07.2020, passed by District Magistrate Baramulla where under the detenu has been ordered to be detained under Section 13 of the J&K Public Safety Act, 1978.
The detention order mainly challenged on the ground that the same has been passed without application of mind as the detenu had been granted bail in all the FIRs referred to and relied upon in the grounds of detention and that the detaining authority despite having received a representation of the detenu forwarded against the order of detention failed to consider the same.
The court of Justice Javed Iqbal Wani while setting aside the order of detention said that there is no denial to the fact by the authority in the reply affidavit that the detenue stands released in all the FIRs.
“The law enjoins upon the detaining authority to be alive to all the facts and circumstances of the case and on application of mind to all those facts and circumstances, the detaining authority has to draw subjective satisfaction that the detention of the detenu becomes imperative”, Justice Iqbal said.
Court said, in case all the facts are not brought to the notice of the detaining authority or that the detaining authority is not aware of all the facts and circumstances and without considering the same it derives subjective satisfaction to detain a person, the same would amounts to non-application of mind on its part.
Court recorded that the failure on the part of the detaining authority to show awareness with regard to the bail granted to the detenu in all the FIRs supra per-se amounts to non-application of mind on its part vitiating the order of detention.
Court while recording that the detention order has been passed is in total non-application of mind by the detaining authority as such allowed the petition of detenu-Bhat consequently quashed the order of detention with the direction of his release.
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