Excelsior Correspondent
Srinagar, Apr 26: High Court quashed five detention orders passed under Public Safety Act with the direction to the authorities to release them from the preventive custody and upheld the one order of detention.
The Division Bench of Justice Ali Mohammad Magrey and Justice Puneet Gupta quashed the detention order of detenue-Umar Nawaz Khan who was book under PSA on 18.10.2021 by District Magistrate Srinagar. He challenged the said detention order before the Single Bench of High Court and the said court upheld his detention order.
Aggrieved of the said decision by the Single Bench, he challenged the same by filing an appeal and the Division Bench after perusal of the detention record and the findings given by the Single Bench while dismissing the plea of detenu-Khan said the detenu would have been incapacitated from making an effective representation, when he was not supplied the material, mention whereof is made in the detention order.
“Record reveals that the documents which formed the basis for detaining authority to detain the detenu are ten leaves but only four leaves have been provided to the detenu. Therefore, full material has not been supplied to the detenu, as such, there has been non-compliance on the part of the detaining authority resulting in the detention order becoming invalid inasmuch as it is in violation of the constitutional and statutory mandate”, DB held and set aside the Single Bench judgment and quashed the order of detention of detenu.
Justice M A Chowdhary quashed the detention order of detenue-Furqan Ahmad Shah of Awantipora District Pulwama, Sadam Ahmad Lone of Tullamulla Ganderbal, Bashir Ahmed Koka of Achabal Anantnag Mushtaq Ahmad Bhat of Karimabad of Pulwama,
Detenue Shah is lodged in Central Jail Jammu while as detenu-Lone was lodged in Central Jail Srinagar and later on shifted to Central Jail Agra.
In detenue Furqan’s case court said the non-application of mind by the detaining authority is at writ large as 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 Awantipora only.
In detenu-Sadam’s case court said the non-consideration of his representation constitutes violation of the constitutional right guaranteed under Article 22 of the Constitution is a failure of the Government to discharge its function and allowed his plea by quashing his order of detention.
Justice Javed Iqbal Wani has quashed the detention order of detenue- Sajad Hussain of Srinagar, and Mohammad Asif Wani of Pulwama and directed the Jail authorities concerned to release the detenues forthwith from preventive custody unless required in any other case.
In detenue-Koka’s case Court said, the Detaining Authority has thus flagrantly contravened and trampled the detenue’s right of making an effective and meaningful representation against divesting of his liberty. Therefore, in the considered opinion of this Court, the detention order, other than not following the constitutional safeguards also suffers on merit as well, as the case made basis to invoke the preventive detention has no live and proximate link to the detention order.
Justice Chowdhary while dismissing the petition of detenue-Basharat Ahmad Mir and upholding his PSA said, law of preventive detention is not invalid because it prescribes no objective standard for ordering preventive detention, and leaves the matter to subjective satisfaction of the Executive.
Applying the ratio of law and having glance at the discussions made hereinabove, the respondents have complied with the mandate and safeguards provided by the Act. Hence, this writ petition merits dismissal and is, accordingly, dismissed.
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