Excelsior Correspondent
Srinagar, Sept 8: High Court today quashed six detention orders passed under Public Safety Act (PSA) including two religious clerics and directed their release.
Justice Sanjay Dhar quashed five PSAs which include those of two religious clerics Mushtaq Ahmad Veeri and Molvi Abdul Rashid Sheikh alias Dawoodi and Division Bench of Justice Sanjeev Kumar and Justice Razah Sekhri quashed PSA of one Hamid Farooq Bhat with the direction to release all the detenues from the preventive custody.
Veeri and Rashid were detained under the orders of the District Magistrate Anantnag on 13.09.2022 in order to prevent them from indulging in the activities which are prejudicial to the maintenance of public order.
Court allowed the plea of Veeri and quashed his PSA. Court has taken into consideration the submissions made by his counsel as instructed by the petitioner that he would not deliver any hate or anti-national speech on any occasion.
“…the petitioner is directed to furnish an undertaking before the District Magistrate concerned that he will not deliver any hate or anti-national speech on any occasion. The undertaking shall be furnished by the petitioner-Veeri within the period of two days after his release from custody and the receipt of the same be furnished before the Registrar, Judicial of this court. The petitioner is ordered to be released forthwith, provided he is not required in any other case”, Justice Dhar directed.
Dealing with the plea of Dawoodi, court said non-consideration or an unreasonably belated consideration of the representation tantamounts to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law as such the petition is allowed and the impugned order of detention is quashed.
Court has also quashed the PSAs of Bilal Ahmad Bhat Pampore Pulwama, Bilal Ahmad Hastiwala of Ganderbal and Yawar Rashid Ganaie of Gudoora Pulwama. Court in all these three PSA said, the failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law as they could not make a detailed representation against their PSAs before the competent authority.
Division Bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri quashed the PSA of Hamid Farooq Bhat of Redwani Kulgam. His PSA was upheld by the single judge on 12-08-2022 and declined to set aside the order of detention passed on 18.10.2021.
He challenged the single judge verdict in an appeal and the DB set aside the Writ Court judgment and quashed his PSA with the direction to the authorities to release him from the preventive custody forthwith, provided he is not required in any other case.
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