Excelsior Correspondent
Srinagar, May 14: High Court today quashed three detention orders passed under Public Safety Act (PSA) and directed release of the trio from preventive custody.
The court quashed the PSA of Ajaz Ahmed Peer of Baramulla, Inayat Rashid Bhat of Sindhbal, Ganderbal and Umar Nazir Rather of Tral, District Pulwama.
Detenue Peer’s detention was quashed on the ground that his representation has not been considered by the authorities leaving no option for the court but to quash the impugned detention order.
“As the detention order stands knocked out on the basic flaw that has crept in the proceedings the court need not delve on the other grounds raised by the petitioner for holding the detention order bad. Accordingly, the detention order impugned in the present petition is quashed. The petitioner is directed to be released from the custody provided if he is not required in any other case”, Justice Puneet Gupta directed.
The detenue-Bhat claimed that the respondents failed to provide the necessary material while executing the warrants of detention on 23.06.2022 by him at Central Jail, Kot Bhalwal, Jammu and the Court has convinced that the detention order suffers from illegality and does not stand the test of law.
The purpose of preventive detention court added is not to punish the person but to prevent the future illegal activity of the detenue on the basis of passed conduct but it does not mean that the detenue can be deprived of the rights to which he is entitled to and are sacrosanct which can be overlooked by the authorities.
Justice Rahul Bharti quashed the PSA of detenue-Rather with the observations that his preventive detention was misconceived given the fact that the alleged acts of omission and commission on the part of him allegedly acting in complicity with the aforementioned persons mentioned in the grounds of detention resulting in his implication in FIR No. 53/2023 of the Police Station Tral in no manner can be construed to be prejudicial to the maintenance of public order.
“The impugned preventive detention order No. 40/DMP/PSA/23 dated 26.06.2023 passed by the District Magistrate, Pulwama along with the approval and confirmation order passed by the Govt. of UT of Jammu & Kashmir are hereby set aside. The petitioner is directed to be restored to his personal liberty”, read the direction.
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