Excelsior Correspondent
SRINAGAR, Nov 14: High Court quashed two detention orders passed under Public Safety Act and directed their release from preventive custody.
Citing that there is non-application of mind while passing detention orders against the detenues-Aamir Amin Dar and Sajad Ahmad Khandey, Justice M A Chowdhary quashed these PSAs and directed the authorities to release these detenues from preventive custody.
“In view of the settled proposition of law, these petitions are allowed. Detention Order No. 02/DMP/PSA/22 dated 07.04.2022 and Order of detention No. 50/DMK/PSA/2022 dated 25.06.2022 passed by District Magistrate Kulgam are quashed and they be set free from the preventive custody provided they are not required in any other case”, Court directed.
Justice Chowdhary said that the law is well settled that if the order of detention comes to an end either by revocation or by the expiry of the period of order of detention, there must be fresh facts for passing a subsequent order of detention.
“When the detention order has been quashed by the Court, the grounds of said detention order are not to be taken into consideration either as a whole or in part even along with the fresh grounds of detention in order to pass a fresh detention order and, if such previous grounds of detention are taken into consideration while passing a fresh detention order, the order of detention will be vitiated”, Justice Chowdhary said.
The detention order court added based on vague and stale grounds is not sustainable, for the reason that the detaining authority before passing the order has not applied its mind to draw subjective satisfaction to order detention of the detenue by curtailing his liberty which is a valuable and cherishable right guaranteed under Article 21 of the Constitution of India.
“The grounds of detention of the earlier detention order have been taken into consideration while passing the present impugned order of detention by the Detaining Authority. The same grounds could not have been relied upon by the respondents for issuance of fresh detention order”, reads the judgment.
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