Excelsior Correspondent
SRINAGAR, Apr 1: High Court quashed detention order of a Pulwama man citing that the police fed the detaining authority with half backed facts of his case with malice and it directed his release.
Justice Rahul Bharti quashed the detention order of one Umer Rashid Dar passed under Public Safety Act (PSA) citing the Senior Superintendent of Police (SSP) Pulwama has prepared the dossier against the 25 year old Dar with suppression of facts with regard to his earlier PSA slapped on him way back in the year 2020 which was quashed this court.
“Therefore, when this Court examines the grounds of detention, there is found to be a very intriguing silence on part of the SSP, Pulwama with respect to making mention of petitioner’s earlier detention affected in terms of detention order dated 31.10.2020” the court said, adding with “whereas on the contrary reference to FIR No.29/2020 stands mentioned in bold letters meaning thereby the SSP, Pulwama was well conscious of fact that if a recital as to fact of the previous detention of the petitioner would be made in the dossier, then the recommendation for subjecting the petitioner-Dar to preventive detention custody might not find favour from the end of District Magistrate, Pulwama,” court said.
Justice Bharti recorded that the SSP, Pulwama fed the District Magistrate, Pulwama with half backed factual inputs with a malice in law if not in fact. This singular omission on the part of the SSP, Pulwama resulted in infesting every exercise of jurisdiction under the PSA by the District Magistrate, Pulwama with an illegality which is incurable.
“Therefore, renders very preventive detention of the petitioner-Dar illegal and an abuse of law warranting to be quashed. Accordingly, a present writ petition is allowed. Preventive detention Order No. No.13/DMP/PSA/25 dated 30.04.2025 passed by the District Magistrate, Pulwama read with approval/ confirmation/ extension order(s) passed by the Home Department, Government of UT of J&K under the J&K Public Safety Act, 1978 are quashed with immediate effect”, the court concluded and ordered Dar to be released.
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