Excelsior Correspondent
Srinagar, Feb 2: High Court quashed two detention orders passed under Public Safety Act (PSA) and directed release of the detenues from the preventive custody and upheld the one detention by observing that the procedural safeguards provided under PSA have been complied with by the authorities.
While quashing the detention order of one Umar Yousuf Naik, the Division Bench of Justice Sanjeev Kumar and Justice Rajnesh Oswal set aside the writ court judgment whereby the detention of Naik was upheld and quashed the same with the direction to authorities to release him forthwith from the preventive custody.
The DB said the subjective satisfaction without taking relevant material into consideration and non-application of mind by the detaining authority are the grounds that go to the root of detention and vitiates it abinitio.
The detention order of other detenu Mumtaz Ahmad Balgati has been quashed by the court of Justice Puneet Gupta. In this petition court said the detention order passed by District Magistrate Kupwara cannot be upheld and is liable to be quashed.
“The petitioner Mumtaz Ahmad be released forthwith if not required otherwise in any other case”, Court directed. Court on delay in executing the detention order against the detenu said, it is not that the detention order can be executed as per the convenience of the authority but has to be executed at an earliest unless there are reasons which delayed the execution of the same.
Justice Gupta however, upheld the detention order passed by District Magistrate Shopian against the detenu Nayeem Ahmad Mir on August 17, 2019. Court while holding the detention said, the Public Safety Act does not bar the detaining authority from passing the detention order even on the sole act of the detenu as the sole act can also be of such magnitude so as to attract the invocation of the provisions of the PSA.
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