HC quashes detentions, directs release of detenues

Excelsior Correspondent
Srinagar, Mar 15: High Court today quashed three detentions passed under Public Safety Act and directed the authorities for release of the detenues from preventive custody.
Justice Rajnesh Oswal quashed these detention orders. The detention order of one Rasik Ahamd Nengroo passed by the District Magistrate Kulgam on August 9, 2019 has been quashed by the court by recording that failure on the part of the detaining authority to supply whole material to the detenu, while passing the detention order renders it illegal.
Court after perusal of the status report said, it is not disputed by the authorities that the detenu-Nengroo was exonerated in FIR No. 39/2018 of P/S Ram Munshi Bagh. “It clearly reflects the non-application of mind on the part of the District Magistrate and it seems that he has merely acted upon the dossier submitted by the Superintendent of Police, Kulgam and there is no subjective satisfaction of concerned District Magistrate while issuing the order of detention”, Justice Oswal mentioned in the judgment.
Court quashed the detention of Javed Ahmad Wani passed by District Magistrate Ganderbal on the ground that the grounds of detention on basis of which detention order has been issued are exact replica of the dossier submitted by the Senior Superintendent of Police, Ganderbal.
The detaining authority, court added was required to apply its mind independently with regard to the material placed before it so as to derive satisfaction that it has become necessary to detain the detenue-Wani. “But the same has not been done in the instant case. This too renders the detention order illegal”, reads the judgment.
While dealing with the detention of detenu-Ghulam Hassan Wagay, Justice Oswal said, there is no whisper in the grounds of detention that the detenu has ever indulged in any illegal activity that necessitated the issuance of detention order by the detaining authority in the year 2019.
“There is a delay of more than three years in passing the order impugned from the date of last alleged illegal activity attributed to the petitioner. In view of what has been discussed above, on these counts only, the detention order dated 11th August 2019 bearing No. 50/DMK/PSA/19 is required to be quashed, and, as such, the same is quashed. The detenu is ordered to be released forthwith provided he is not required in any other case.