Excelsior Correspondent
Srinagar, Oct 15: High Court has quashed 7 detention orders passed under Public Safety Act (PSA) and directed the jail authorities to set at liberty all the detenues.
Justice Sanjay Dhar quashed the detention orders of detenue-Imran Sadiq Thakoo of Zaindar Mohalla Habbakadal, Srinagar, Muyeen Gani of Pulwama, Adil Ahmad Dar of Syed Mohalla Narbal, Budgam, Shakeel Ahmad Bhat of Malik Angan Feteh Kadal, Srinagar, Gh. Mohammad Sheikh of Ashtangoo Tehsil Aloosa District Bandipora, Parvaiz Hassan Wani of Dangerpora Padgampora Pulwama, Mohamad Shafi Dar of Bandipora.
All these detenues were detained by the concerned District Magistrates by passing detention orders on 13.10.2021, 18.10.2021, 18.10.21, 16.12.2021, 14.01.2022, 19.10.2021, 17.10.2021 respectively in order to prevent them from any subversive activity prejudicial to the security of the state.
Court while dealing with one of the detention orders said, the manner in which the grounds of detention and the impugned order of detention have been framed clearly reflects a state of uncertainty and tentativeness on the part of the detaining authority while recording its satisfaction. “This renders the impugned order of detention unsustainable in law,” court said.
It was contended before the court that the Detaining Authorities have passed the impugned detention orders mechanically without application of mind, inasmuch as the statutory procedural safeguards have not been complied with in these cases.
It has been further urged that the material which formed the basis of the grounds of detention and the consequent order of detention has not been provided to the detenue. It has also been contended that the grounds of detention are vague, non-existent and stale and there is total non-application of mind on the part of the detaining authority.
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