Excelsior Correspondent
SRINAGAR, Apr 24: Observing that the repeat of preventive detention by insufficient material by the detaining authority loses the essence of preventive law, High Court today quashed the PSA of a youth by directing the authorities to release him from preventive custody.
These observations were passed by Justice Rahul Bharti in a plea whereunder the detenue- Mohammad Afreen Zargar, a resident of Baramulla challenged his PSA on various grounds.
The court said, the preventive detention of detenue-Zargar is, thus, held to be vitiated with suppression and withholding of documents related to him the preventive detention being made a device to overreach the criminal court which came to grant bail in favour of him and, thus, imposing a punitive imprisonment upon the petitioner through preventive detention mode.
Justice Bharti added that this court has repeatedly held and maintained the position of law that furnishing of bail orders related to a person whose preventive detention is being sought becomes essential and indispensable on the part of the sponsoring authority i.e., the Law and Enforcement agency of the district to be procured and placed along with the dossier before the detention order making authority so as to apprise it about the facts and circumstances which led to the bail of the prospective detenue in the criminal case being referred in the dossier to project a prospective detenue to be falling within the scope of mischief of the Jammu & Kashmir Public Safety Act, 1978.
“Despite ad nauseum reiteration of position of law in this respect through the judgments of this court, the message of law is being lost to the sponsoring authority as well as to the detention order making authority resulting in repeat of preventive detention taking place on insufficient material and getting quashed through the indulgence of this Court.” The present case is no different than what the pool of cases has been suffering quashment from the Court, the bench added.
The arrests court said, in general and the preventive detentions in particular are an exception to the most cherished fundamental right guaranteed under Article 21 of the Constitution of India and the preventive detentions are made on the basis of subjective satisfaction of the detaining authority without being backed by an immediate complaint as in the case of the registration of the FIR and, as such, is a valuable trust in the hands of the trustees.
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