Excelsior Correspondent
SRINAGAR, May 1: The High Court has quashed four detention orders passed under Public Safety Act (PSA) citing the grounds of detention are vague and directed the release of detenues from the preventive custody.
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Court quashed the PSA of Suhail Ahmad Shah of Srinagar, Tariq Ahmad Napa of Baramulla, Amir Ahmad Chana of Baramulla and Nazakat Ahmad Khan of Tral Pulwama. These detenues were detained by the concerned District Magistrates on 27.06.2022, 15.09.2022, 07.02.2023 and 08.05.2023 respectively.
The court said the requirement of law is that whole of the record, on which the detention order is based, has to be made available to the detenue-Shah in the language that he understands and the failure on the part of the detaining authority to supply material to him renders detention illegal and unsustainable.
Court further added that it comes to the fore that the grounds of detention provided to the detenue-Napa are not only vague but there is no proximity between the acts attributed to him and apprehension of the detaining authority.
It is alleged that he is responsible for organizing anti-Government protests and is instigating the youth of Baramulla to create an atmosphere of fear among the peace loving people of the area. Court said the detaining authority has failed to provide relevant details, as to when and where he has made such speeches and organized anti-Government protests.
“On first blush, a plain reading of grounds of detention would suggest that detenue has indulged in various anti-national/anti-social activities and he is an active member of separatists’ organizations or militant outfits, however, it is surprising to note that not even a single FIR has been registered against him for any activity alleged to have been committed by him in the past”, read the judgment.
Court said there is no co-relation between the activities mentioned in the detention order and the detention order itself as the last FIR which has been slapped upon the detenue-Chana is of the year 2016. “Further, admittedly the detention order came to be passed against Chana and the same stands quashed by this Court vide judgment dated 25.11.2022. It has been vaguely mentioned in the detention order that the petitioner is still continuing with his illegal activities which are prejudicial to the security of the nation”, court recorded.
The PSA of detenue-Nazakat Khan has been quashed on the ground that there is nothing mentioned in the grounds of detention to demonstrate that the activities on the basis of which he has been placed in detention has the impact of disturbing the even tempo of the life of the community or has an effect of affecting the public at large.
“In view of the above, this Court is of the considered view that the orders of detention are not sustainable in the eyes of law. Accordingly the same are quashed. The petitioner-detenues are directed to be released from the custody provided they are not required in any other case”, Court concluded.
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