Excelsior Correspondent
SRINAGAR, Mar 30: High Court observed that the authorities should ensure the release of detenues from the preventive custody without any wastage of time as and when their detention orders are quashed by the court.
These observations were passed by Justice Rahul Bharti in a contempt petition seeking implementation of judgment passed by the court in December last year directing therein the concerned authorities to release the detenue forthwith from the preventive custody.
“This court has made known to the two officers the serious concern of this court about loss of 79 days of his life by the petitioner by remaining under preventive custody without any legal basis only to earn his release upon intervention of this court”, Justice Bharti said.
The court further observed that the detenue-Shenwari came to file the present contempt petition apprising this court that despite quashment of his preventive detention in terms of judgment on December 30 last year has not earned his release from the custody.
“This court hopes that such like scenario does not repeat again and whenever the preventive detention of a detenue gets quashed, the Government of UT of Jammu and Kashmir acts with reasonable dispatch to ensure that the detenue is released from the custody without unwarranted loss of time”, court observed.
For not releasing the detenue despite quashing his PSA court said this is a serious matter which calls for due indulgence of this court on urgent note. Accordingly, court directed the personal appearance of the Deputy Commissioner (District Magistrate Baramulla and Senior Superintendent of Police, Baramulla) along-with production of person of Mubeen Rasool Shenwari.
The court closed the contempt petition leaving it open for him to avail appropriate legal remedy against the defaulting and erring official or authority for illegal detention suffered by him post quashment of his detention order.
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