Excelsior Correspondent
SRINAGAR, Apr 24: High Court today decided three different habeas corpus petitions and quashed the Public Safety Act orders passed by District Magistrate Kulgam with the direction to the jail authorities to release the detainees namely Umar Ahmad Dar, Azad Ahmad Sheikh and Shabir Ahmad Wani provided they are not required in any other case.
While allowing the petitions, Justice Tashi Rabstan observed, “as per the laid down procedure detaining authority has to go through reports and other inputs from concerned police and other agencies and on such perusal arrive at a subjective satisfaction that a person is to be placed under preventive detention”.
“It is, thus, for detaining authority to formulate grounds of detention and satisfy itself that grounds of detention so formulated warrant passing of the order of preventive detention”, High Court said, adding “in the present case, it is apparent and evident from impugned orders of detention that grounds of detention have not been prepared by detaining authority and as a corollary thereof impugned detention orders are vitiated”.
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