Excelsior Correspondent
SRINAGAR, Dec 28: High Court held that a person cannot be detained on vague grounds and quashed five detention orders passed under Public Safety Act with the direction to the authorities to release them from preventive custody.
Muzamil Mohammad Wagay, of Hawoorah Qaimoh, Mukhtar Ahmad Dar of Zawoora Bashir Ahmad Koka of Chaklipora Achabal, Mukhtar Ahmad Dar of Zawoora and Irfan Ali Runga of Srinagar were detained by the District Magistrates of Kulgam, Anantnag, Divisional Commissioner Kashmir and District Magistrate Srinagar on 25.6.2022, 8.3.2023 and 08.05.2023
Justice Sanjeev Kumar while setting aside all the four PSAs directed the authorities to release them from the preventive custody provided they are not required in any other case.
“Detaining Authority or failure of the Detaining Authority to consider the relevant material vitiates the subjective satisfaction arrived at by the Detaining Authority with regard to the necessity of placing an individual facing the charges of drug trafficking in preventive custody”, Justice Kumar said.
Court said, there is no whisper in the grounds of detention or in the Dossier supplied by the district police to the Detaining Authority, that the detenue was ever arrested in the aforesaid FIR and if arrested whether he was released on bail or not.
A person court has held cannot be detained under preventive detention on the basis of totally vague and unsubstantiated allegations. The Detaining Authority could have come clear with regard to the prejudicial activities; the detenue had indulged in, after his release from earlier detention pursuant to the order of this Court, till the passing of the impugned order of detention.
“Mere apprehension of the Detaining Authority that too based on no material cannot be a ground for detaining a person under preventive custody”, court recorded.
Court has further added that reference to the reports received from field agencies is too vague to enable the detenue to make effective representation against it.
“Admittedly, the Detaining Authority did not supply the reports which it claims to have been received from the field agencies with regard to the indulgence of the petitioner in the illegal business of Narcotic Drugs. Such vague grounds of detention cannot be made basis of detention”, reads the judgment.
Follow our WhatsApp channel
