Excelsior Correspondent
Srinagar, Aug 4: High Court has quashed seven detention orders passed under Public Safety Act (PSA) and directed the authorities to release all these detenues from preventive custody.
Justice Sanjay Dhar quashed detention orders of Aquib Bhat of Old Town Baramulla, Sakib Ahmad Sheroo of Anantnag, Imtiyaz Ahmad Lone of Anantnag, Javed Ahmad Mir of Sarhandi Colony, Khonmoh, Srinagar, Junaid Haroon Rashid Rather of Vehil Shopian, Zubair Ashraf Khan of Buderkund, Khan Mohalla, Ganderbal and Aurang Zab Khan of Wayil Bala (Nadir Bagh) District Ganderbal.
Court while quashing these detention orders separately said the non-mentioning of important fact in the grounds of detention exhibits non-application of mind on the part of detaining authority which shows that the detaining authority has not meticulously examined the record while passing the impugned order of detention which renders the same unsustainable in law.
Court in Sheroo’s case said that it has been mentioned that the activities of the detenue are prejudicial to the security of the State and being highly motivated to carry on the illegal designs he is not likely to desist from indulging in antinational and anti-social activities.
Court, however, said the Detaining Authority has not brought on record any other cogent material or furnished any other cogent ground to show that the detenue is not likely to desist from the aforesaid activities and it appears that the satisfaction of the Detention is solely based on the allegations made in the aforesaid FIR and no other material.
Court in Lone’s case said the Detaining Authority had failed to execute the impugned order of detention which was executed after a delay of almost 20 days and there is no explanation tendered for the delay of almost 20 days in the execution of the detention order and this casts a shadow of doubt on the necessity of passing of the order of detention as the same has rendered its purpose irrelevant.
Dealing with the case of detenu-Lone Court added that representation of the detenue against his detention has not till date which fact has also not been denied by the respondents. The detenue has a statutory right to file a representation against his detention and the respondents are under duty to consider the same.
In detenu Rather’s case Court said the order of detention is invalided on the grounds that there is unexplained delay on the part of the Government in deciding the representation of the detenue and the fact that all the material relied upon by the Detaining Authority has not been provided to him, thus, this has resulted in infraction of the detenue’s rights and this also vitiates the order of detention.
Court has quashed the detention order of detenu- Aurang Zab Khan and Zubair Ashraf Khan on the ground that the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detenue. The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable.
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