Excelsior Correspondent
Srinagar, Feb 6: High Court has upheld a detention order passed under Public Safety Act citing that on the satisfaction of detaining authority the detenu was indulged in subversive and anti-national activities and quashed the other two PSAs with the directions to authorities to release them.
Justice Sindhu Sharma upheld the PSA of Mohammad Rafiq Shah of Shuhama Nagbal who was detained under orders of District Magistrate Ganderbal on 9.6.2022.
The PSA was challenged on various grounds including the offences attributed to the detenue-Shah’s involvement in the incidents of sloganeering and participation in public demonstrations, for which various criminal cases have already been registered.
Justice Sharma after hearing the facts and circumstance of the case in detail said the purpose of the preventive detention by detaining of a person is not to punish him for something he has done but to prevent him from doing a particular act which is prejudicial either to the security of the State or to the maintenance of the public order.
“It is clearly discernible from the record that the Detaining Authority has detained the detenu, after recording subjective satisfaction, as the detenu was indulging in the activities which are anti-national and against the sovereignty of the country and to prevent him from indulging in the same”, court said.
Justice Sharma has quashed two other PSAs and directed the jail authorities to release them from the custody. Court has quashed the PSA of Sheikh Murtaza of Srinagar and Mohammad Yousuf Ganaie of Kulgam.
Court has concluded that that the orders of detention against both of the detenues are unsustainable and directed they be released from the custody.
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