Excelsior Correspondent
srinagar, June 3: High Court quashed nine detention orders under Public Safety Act passed by various District Magistrates against 15 detenues and directed the authorities to set them free from the custody.
Hearing 15 separate petitions filed by various advocates challenging detention orders passed by the concerned District Magistrates, Division Bench comprising Justice Tashi Rabstan and Justice Ramalingam Sudhakar quashed these detention orders and directed the authorities to set the detenues free.
At very threshold appearing counsels for respondents submitted that detention orders have been passed on subjective satisfaction by detaining authorities. They further stated that impugned detentions have been extended for further period of time and therefore these petitions are liable to be dismissed.
Referring the Article 21 of Constitution which envisages the right to liberty court held that fundamental rights are meant for protecting the civil liberties of the people and not to put them in jail for a long period without recourse to a lawyer and without a trial.
Referring the apex court’s ruling and its observation that history of liberty is the history of procedural safeguards, court said, to prevent misuse of this potentially dangerous power the law of preventive detention has to be strictly construed and meticulous compliance with the procedural safeguards, however, technical, is mandatory and vital.
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