Excelsior Correspondent
SRINAGAR, Apr 15: High Court has quashed six detention orders passed under Public Safety Act (PSA) and directed the authorities to release the detenues from the preventive custody.
Justice M Akram Chowdhary quashed six detention orders and directed the authorities to release the detenues.
These detention orders were passed by District Magistrates of district Anantnag, Kupwara, Kulgam, Bandipora and Baramulla against the detenues-Javid Ahmad Haji of Hanipora Bulbul Nowgam, Mubarik Ahmed Thoker of Sopat Tangpora Tehsil Dsevsar, Bashir Ahmad Bhat of Nadihal Tehsil, Sadam Hussain Mir of Mir Mohalla Brath Kallan, Sopore, Sohaib Ahmad Malik of Gundpora and Parvaiz Ahmad Khoja of Farkain Kupwara.
Detenue-Haji was detained on 17.10.2021 and court quashed his detention on the ground that the Senior Superintendent of Police of the District had submitted dossier to the District Magistrate on 17.10.2021, who on the same day passed Detention Order meaning thereby that the Detaining Authority had not applied its mind and passed the order just on the recommendation of the Police.
Detenue-Thoker was detained on 18.10.2021 and the court quashed his order of detention on the ground that the non-application of mind by the detaining authority is writ large in view of the fact that the detention order has been framed in a manner that it has not applied its mind but has acted upon the dossier, prepared by the senior Superintendent of Police Kulgam only.
Detenue-Bhat was detained on 29.07.2021 and the court while quashing his detention said the impugned detention order is found to be perverse, having been passed without application of mind by the detaining authority, against the fundamental right of the detenue as the same, for the said reasons, exhibits total non-application of mind on the part of detaining authority.
Detenue-Mir was detained on 17.06.2020 and his detention was quashed there was no mention of the fact that detenu had applied for bail in criminal case against him nor is there any satisfaction that detenu has been enlarged on bail before issuance of impugned order of detention.
Detenue-Malik was detained on 29.07.2021 and was not supplied with the material so as to enable him to make a representation before the competent authority against his detention for which the court said that obviously, the detenu has been hampered by non-supply of these vital documents in making a representation before the Advisory Board, as a result whereof his case has been considered by the Advisory Board in the absence of his representation and quashed the detention order.
Detenue-Khoja was detained on 13.03.2021 and his detention was quashed by the court by recording that mentioning the period of detention will definitely prejudice the detenue in the subsequent procedural safeguards available to him, as such, shows lack of application of mind on the part of the Detaining Authority while passing the detention order.
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