Excelsior Correspondent
SRINAGAR, Sept 1: High Court has quashed four detention orders with the direction to release the detenues from preventive custody and upheld that of a militant associate.
While quashing the four PSAs in separate judgments, the court directed the authorities to release all the four detenues from the preventive custody, provided they are not required in connection with any other case.
Court said that there has to be a live and proximate link between the past conduct of the detenues and the activities alleged to be prejudicial to the maintenance of security of the state and the said link is completely missing as the time between the order of detention and the incident referred to in the grounds of detention is far too large to presume such a link as such court has held that the impugned order of detention cannot be sustained.
In one of the judgments, it has also been recorded that the whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been supplied to the detenue which has hampered him in making an effective representation before the Advisory Board.
“Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law”, reads the judgment.
Detenue-Imran Ahmad Ganie of Baramulla, Sakib Akbar Waza of Khulbagh Pulwama, Shakir Bashir Kumar of Shopian and Manzoor Ahmad Wani of Qaimoh Kulgam were quashed by the court. These detenues were detained on 09.04.2022, 16.12.2021, 28.06.2022 and 27.08.2022 by the concerned District Magistrates.
Court upheld the PSA of one Yawar Ahmad Malik who was detained by the District Magistrate vide detention order dated 25.06.2022. Court after having a look at the grounds of detention, reference to the incident which is subject matter of FIR No.54 of 2018 of Police Station Qaimoh against the detenue-Malik said, it clearly states that the intelligence reports reveal the detenue is an associate of LeT outfit.
“So, there is a specific allegation against the petitioner that he is a member of banned organization LeT which is notorious for its activities against the State, the minority communities, non-locals and the security personnel”, court recorded.
Court as such clarified that there is no ambiguity in the grounds of detention formulated against the petitioner-Mali and the facts narrated in the grounds of detention, the detaining authority was well within its jurisdiction to record subjective satisfaction that detention of the petitioner is necessary for preventing him from acting in a manner prejudicial to the security of the State.
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