Excelsior Correspondent
SRINAGAR, Apr 7: High Court quashed three detention orders passed under Public Safety Act and directed the authorities to release the detenues from preventive custody.
In the case of Shakir Ahmad Mir of Zainpora Shopian, Justice Vinod Chatterji Koul said the impugned order of detention has been passed on 22.02.2020 but there is no mention of the factum of grant of bail in the grounds of detention though it bears reference to the FIR.
Court added that it appears the detaining authority has simply reiterated what was there in the dossier of the police which was prepared prior to grant of bail to the petitioner. “This clearly exhibits lack of application of mind on the part of the detaining authority. On this ground also, the impugned order of detention becomes unsustainable in law”, Justice Koul recorded and quashed the detention passed against the detenu-Mir with the direction to the authorities to release the detenu from the preventive custody forthwith, provided he is not required in connection with any other case.
In case of detenu Manzoor Ahmad Bhat, court said, preventive detention cannot be resorted to when sufficient remedies are available under general laws of the land for any omission or commission under such laws. No doubt, court said, the offences alleged to have been committed by detenu are such as to attract punishment under the prevailing laws but that has to be done under the said prevalent laws and taking recourse to preventive detention laws would not be warranted.
Court said preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial. Accordingly, court directed respondents to set the detenu at liberty forthwith provided he is not required in any other case. Disposed of”, Court concluded.
Court also quashed the detention of detenu Mohammad Iqbal Hafiz of Prichoo Pulwama by recording that the preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial and directed the authorities to set the detenu at liberty forthwith provided he is not required in any other case. Detenu-Hafiz was detained vide order No.35/DMP/PSA/2019 dated 18.07.2019, passed by District Magistrate, Pulwama and was directed to be in Kot Bhalwal, Jail, Jammu.
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