Excelsior Correspondent
SRINAGAR, July 27: High Court quashed two detention orders passed under Public Safety Act and directed release of duo from preventive custody.
Justice Sanjay Dhar quashed the PSA of Shahid Shaban Najar detained on 30.08.2022 by the District Magistrate Srinagar and Mubashir Ahmad Lone detained on 24.09.2022 by the District Magistrate Budgam.
Court in detenue Najar’s case said the order of detention was issued on 30.08.2022 but the same has been executed on 08.03.2023, i.e. after a period of about seven months and there has been no explanation on the part of respondents regarding delay in execution of the impugned detention order.
“Even the record produced by the respondents does not offer any explanation for delayed execution of the order of detention. In fact, even in their counter affidavit the respondents have not offered any explanation whatsoever regarding delayed execution of the order of detention. The fact that the impugned detention order has not been executed by the respondents for about seven months shows that there was no urgency for taking resort to preventive detention of the petitioner”, court recorded.
In detenu, Lone’s case court said the grounds of detention and the dossier, if in similar language, go on to show that there has been non-application of mind on the part of the Detaining Authority as the similarity of contents of grounds of detention and police dossier in the instant case clearly exhibits mechanical functioning of the detaining authority, thereby making the impugned order of detention unsustainable in law.
Court for these reasons concluded that the impugned orders of detention are not sustainable in law and accordingly quashed them with the directions to the authorities to release the detenues from the preventive custody forthwith.
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