Excelsior Correspondent
JAMMU, Aug 25: High Court of Jammu & Kashmir and Ladakh has dismissed two habeas corpus petitions challenging detention orders issued under the Jammu & Kashmir Public Safety Act (PSA), thereby upholding the preventive detention of two residents of district Anantnag.
The petitions were filed by Mohd Rafi Najar, resident of Arwani Bijbehara and Zameer Ahmad Shah, resident of Nambal Mattan, who had sought quashing of detention orders passed by the District Magistrate, Anantnag. The orders were challenged on grounds of vagueness, non-supply of documents, and alleged non-consideration of representations.
After hearing counsel for both sides and perusal of the detention records, Justice Sanjay Dhar observed that in both cases, the detenues were supplied with all relevant documents forming the basis of detention orders, which were read over and explained to them in languages they understood.
The representations filed by the detenues were duly placed before the Advisory Board, considered on April 24, 2024 (Rafi Najar) and June 27, 2024 (Zameer Shah) respectively and rejected after granting personal hearings. “Preventive detention can be ordered on the basis of credible material and suspicion, even if the evidence is insufficient for prosecution in a criminal court”, the High Court said.
The High Court further noted that the detention orders were passed after proper application of mind by the detaining authority and were based on activities prejudicial to the security of the State.
Accordingly, both writ petitions were found to be without merit and were dismissed.
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