Excelsior Correspondent
Srinagar, Feb 28: The Division Bench has set aside the two judgments of writ court whereby the detention orders of two detenues were upheld and quashed both the detention orders by directing their release from the preventive custody.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma allowed the appeals of detenues- Babbar Khan and Yudhvir Singh, challenging the writ court decisions whereby their detention under Public Safety Act was upheld. Both the detenues were detained under the PSA on the ground that their liberty is prejudicial to the maintenance of law and order.
The Division Bench while setting aside the single judge judgments and quashing the orders of detention recorded that there is no escape from the conclusion that the impugned order cannot be sustained.
The DB said though the grounds of detention indicate the detaining authority’s awareness of the fact that the detenu was in judicial custody at the time of making the order of detention, the detaining authority has not brought on record any cogent material nor furnished any cogent ground in support of the averment made in grounds of detention that if he is released on bail he may again indulge in serious offences causing threat to public order.
“To put it differently, the satisfaction of the detaining authority that the detenu might indulge in serious offences causing threat to public order, solely on the basis of a solitary murder, cannot be said to be proper and justified”, DB said and concluded with quashing the orders of detention.”
Dealing with both cases court said. there is no iota of material which may show or establish that the detaining authority was aware of the fact that the detenu was already in custody.
On submitting of representation by both the detenues against their detention order before the competent authority DB added, that the concerned authority did not consider the representation of the appellant-detenues and there has been no explanation for the same in their counter affidavit. “This has vitiated the detention order itself, therefore, there is no need to advert to the other ground raised in this appeal. For the aforementioned reasons, we accept the appeals and set aside the orders of writ court dated 03.12.2021 and quash the impugned orders of detention bearing 4 of 2021 and 05 of 2021 dated 05.05.2021 under J&K, Public Safety Act, 1978”, DB concluded.
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