Excelsior Correspondent
Srinagar, Mar 16: High Court today quashed detention of three persons including High Court Bar Association General Secretary Mohammad Ashraf Bhat and directed the jail authorities to release them from the custody forthwith if they are not involved in any other case.
Justice Tashi Rabstan while allowing the separate three petitions challenging the detention orders, directed the jail authorities to release the Bar General Secretary Mohammad Ashraf Bhat and other two detenues – Bilal Ahmad Bhat and Mudasir Ahmad Wani from the preventive custody forthwith.
In Bhat’s Case, Court after perusal of grounds of detention said they are vague and ambiguous and do not refer to any date, month or year of the activities, which have been attributed to detenu.
“Detention in preventive custody on the basis of such vague and ambiguous grounds cannot be justified. It may not be out of place to mention here that preventive detention is largely precautionary and is based on suspicion. The court is ill-equipped to investigate into circumstances of suspicion on which such anticipatory action must be largely based”, Justice Tashi recorded while passing the judgment.
Bhat was detained vide Order no. DMS/PSA/129/2019 dated 26.09.2019 passed by the District Magistrate Srinagar by placing him under preventive detention and directed his lodgement in Central Jail, Srinagar.
Bilal Ahmad Bhat was placed under preventive detention by District Magistrate, Pulwama vide Order no.103/DMP/PSA/19 dated 29.08.2019 with the direction to keep him in Central Jail, Srinagar.
Detenue Mudasir Ahmad Wani was placed under preventive detention by District Magistrate, Bandipora with the direction to lodge him in Central Jail, Srinagar.
In his case, the court after applying settled legal position to the facts of the present case, said the order impugned cannot stand as it is based on the grounds of detention, which are only verbatim copy of police dossier. The order of detention, for the said reasons, exhibits total non-application of mind on the part of detaining authority and, therefore, detention order is liable to be quashed.
“For the foregoing reasons, this petition is disposed of and detention Order no.52/DMB/PSA of 2019 dated 11.08.2019, passed by District Magistrate, Bandipora, is quashed. Respondents, including Jail Superintendent concerned, are directed to release the detenu forthwith, unless he is required in any other case,” the court concluded.
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