Excelsior Correspondent
SRINAGAR, June 16: High Court today quashed the detention order of senior National Conference leader Ali Mohammad Sagar and directed the authorities to release him if he is not required in any other case.
Justice Sindhu Sharma allowed the petition of Sagar challenging the detention order passed against him on February 5 this year by the District Magistrate Srinagar.
Court said the order of detention is illegal because the Detaining Authority has not shown awareness to the fact that Sagar was already in custody in view of the law laid down by Supreme Court.
Court has also while finding flaws and errors in the grounds of detention said there is nothing mentioned about as to when and on which date he took out protest rally with 250 party workers towards Lal Chowk against the hearing of Article 35(A) before Supreme Court.
“Every such activity would have nexus with the alleged abrogation of Articles which took place on 5th and 6th of August last year but no such nexus has been alleged in the grounds of detention”, Justice Sharma recorded in the judgment.
Referring the argument of counsel Shuja ul Haq appearing for Sagar, Court has held the detention bad in law as the detenu was arrested under Sections 107/151 of CrPC and was still in custody when the detention order passed.
Court said that there is nothing on record to show that the detenue was likely to be released which prompted them to pass detention order. “Detaining Authority, in such a case, must show that there are compelling reasons for detention, in the absence of which, his detention would be illegal as held by Supreme Court”, read the judgment.
The detention order was, however, passed on February 5 this year by the detaining authority with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.
Apart from seeking direction to quash the detention order passed against him, Sagar had also prayed for paying compensation to the tune of Rs 10 crores for his illegal detention.
Court rejected the judgments referred by Government counsel in support of his arguments and opposing to quash the detention and said these judgments have no relevance to the facts of the case in hand.
Follow our WhatsApp channel
