Excelsior Correspondent
Srinagar, Feb 3: High Court while hearing three separate petitions challenging orders of detention under Public Safety Act (PSA) quashed these detention orders with the directions to the authorities to release the trio.
Court quashed the PSA of Muyeeb Shafi Ganie, Mohammad Ayaz alias Shantoo and Irfan Amin Bhat. They were detained by the detaining authority (concerned District Magistrates) on 07.04.2022, 10.05.2023 and 02.05.2023 respectively citing that the activities of the detenues were found to be prejudicial to the maintenance of public order, so as to prevent them from indulging again in such activities.
Court in detenue- Ganie’s case said when there is an undue and long delay between the prejudicial activities and the passing of the detention order, the Court has to scrutinize whether the detaining authority has satisfactorily examined such a delay and afforded a tenable and reasonable explanation as to why such a delay has occasioned, when called upon to answer and further the court has to investigate whether the casual connection has been broken in the circumstances of each case.
“Certainly, in the present case, there is no cogent explanation coming to fore from perusal of the grounds of detention with reference to the live-link between the prejudicial activities and the purpose of the detention and resultantly, the impugned detention order is liable to be quashed”, reads the judgment.
In case of detenu Shantoo, court said, the grounds of detention prepared by the detaining authority are the verbatim reproduction of the contents of the dossier submitted by the concerned SSP to the detaining authority. “The detaining authority is required to apply its mind independently in respect of the material placed before it so as to derive subjective satisfaction that it has become necessary to detain the petitioner-detenue”, court added.
The court while deciding the plea of detenue-Bhat said the order of detention vitiates as same has been passed without applicant of mind as the same is replica of dossier of police.
“The order is passed on the basis of grounds supplied which means that the grounds are prepared by the SSP himself and not by the District Magistrate in view of the law laid down by the Apex Court, the order is illegal and without application of mind and is clearly covered by the law laid down by the Apex Court and this Court as such is liable to be quashed and set aside”, reads the judgment.
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