Excelsior Correspondent
SRINAGAR, Nov 17: High Court today quashed three detention orders passed under Public Safety Act (PSA) and directed release of the trio from preventive custody.
Justice Sanjay Dhar has quashed detention orders of Umar ul Isalm, Suhail Malla and Adil Yousuf Wani of Kulgam and Pulwama Districts. All the three were detained by concerned District Magistrates on 20.6.2022, 8.04.2022 and 13.05.2022 in order to prevent them from indulging in the activities which are prejudicial to the security, sovereignty and integrity of the State.
Detenue-Islam through his counsel contended before the court that the detaining authority has issued the impugned detention order mechanically without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue.
“It is clear that 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”, Justice Dhar recorded and directed release of detenue.
Detenue-Malla contended that the whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been supplied to him. Court said the detenue has been hampered by non-supply of these vital documents 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”, Justice Dhar said and directed his release from custody.
With regard to the case of detenue-Wani court on perusal of the grounds of detention said that there is no mention of the particulars of the places, period and the identity of the persons from whom the petitioner-detenue is alleged to be received Hawala consignments. “These grounds, being vague and lacking in material particulars, the detenue could not have made an effective representation against his detention”, court said and directed his release from preventive custody.
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