Excelsior Correspondent
SRINAGAR, Mar 23: As the authorities have failed to execute the order of detention passed under Public Safety Act, High Court has stayed the same and sought response from the authorities.
Justice Sindhu Sharma has stayed the order of detention passed by the District Magistrate Kathua against the petitioner Farid Ali in order to prevent him from acting in any manner prejudicial to the maintenance of public order.
Since from the issuance of order of detention order dated 20.2.2024, the authorities have not executed the same and arrested the petitioner-Ali, the petitioner challenged the same in a petition on various grounds.
The court after hearing the counsel Asheesh Singh on behalf of the petitioner-Ali, stayed the detention order. “Meanwhile, subject to objections and till the next date before the bench, the execution of order dated 20.2.2024 passed by the District Magistrate Kathua shall stay”, Justice Sharma directed.
The court has also issued notice to Commissioner Secretary Home, District Magistrate Kathua and SSP Kathua in this regard and sought reply from them within four weeks.
The petitioner Ali challenged the order of detention on the ground that the same has not been executed despite afflux of more than 12 months as such the order has lost its proximity with the object of detention as such liable to be quashed at the pre-execution stage.
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