Excelsior Correspondent
SRINAGAR, May 11: High Court today quashed the three detention orders passed by the authorities and directed for release of all them immediately and made it clear that the detention orders have been quashed on technical grounds and the authorities are free to pass fresh detention if it necessitates.
Justice D S Thakur while quashing the detention of one Mohammad Ashraf Sheikh who was detained under Public Safety Act on August 29 last year by District Magistrate Pulwama said that the petitioner-Sheikh had not been provided the requisite documents, in particular various FIRs mentioned in the grounds of detention.
Court said as such the petitioner has been prevented from making an effective representation before the concerned authorities in view of absence of documents. “The order of detention, in those circumstances cannot be sustained in law and the same is accordingly quashed”, court concluded.
Court after perusal of the grounds of detention and the response filed by the authorities in opposition of his petition seeking quashing of his detention, said that it appears the petitioner was detained under provision of PSA as he was found provoking and instigating common masses, particularly the youth of the area, to resort to violence against the decision of Union Government on scrapping Article 370 of constitution of India and bifurcating the erstwhile state of J&K.
Detention of one Shabir Ahmad Shah passed by District Magistrate Pulwama has been quashed on the ground of not furnishing requisite documents to him. Shah according to the detention order was an over ground worker Hizbul Muhahideen and was active in propagating radicalization of the youth encouraging them to carry out subversive activities.
Another detention order of Sahil Ahmad Bhat passed by District Magistrate Ganderbal on 25.10.2019 on the ground that he was a chronic stone pelter and had developed his contacts with like minded people affiliated with anti-social elements.
Court quashed his detention order after perusal of the response and record of detention produced by the authorities. Court said that as per records available pertaining to the case reveals that the petitioner had not been served the documents in shape of the FIR which formed the basis of the order of detention.
Trending Now
E-Paper
Follow our WhatsApp channel