Excelsior Correspondent
SRINAGAR, Jan 20: High Court has quashed two detention orders passed under Public Safety Act and directed the authorities to release the detenues.
Justice Moksha Kazmi quashed the PSAs of Shahid Manzoor Dar of Mohalla Mir Sahib, district Baramulla and Abdul Ahad Bhat of Awantipora, district Pulwama. Both were detained by the detaining authority on Jan 27, 2024 and Mar 31, 2023.
The court in case of detenue-Dar said that he was involved in case FIR No. 168/2023 of Police Station Baramulla wherein he has been bailed out by the Court below on Sept 20, 2023 and thereafter it also does not come to fore as to whether he after having been bailed out has again been involved in the alleged crime which would provide the authorities reason to resort to the preventive measures in addition to the commencement of the substantive criminal proceedings against the detenue.
“All this goes on to show that the learned counsel for the petitioner is quite justified in submitting that there is non-application of mind on the part of detaining authority to detain the detenue for his involvement in case FIR No. 168/2023 of Police Station Baramulla”, Court said.
The court also held the PSA of detenue-Dar as on a higher pedestal of violation as the respondents have not decided his representation at all, not to speak of a delayed dispatch.
Justice Kazmi in case of detenue-Bhat said that the plea of the petitioner-Baht that he was not provided the entire documents forming basis for his detention, cannot be brushed aside and added, that the Court has no reason to disbelieve the contention that the detenue has been deprived of his right of making an effective representation to the detaining authority for having not been provided the entire documents.
With these reasons the court quashed both the PSAs with the directions to the authorities to release the detenues forthwith from the preventive custody if not required in any other case.
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