Excelsior Correspondent
SRINAGAR, Oct 6: High Court today quashed two detention orders passed under Public Safety Act and directed release of the duo from the preventive custody.
Court has quashed the PSA of Abdul Majeed Dar alias Madnee, the senior member of Jamiat Ahli-Hadees and directed the authorities to release him from preventive custody. Madnee was detained under the orders of District Magistrate Budgam on 16.09.2022 citing that his activities are prejudicial to the security of the state.
Court on perusal of the record said the grounds of detention bear reference to FIR in which the detenu-Madnee is stated to have been acquitted and there is nothing stated in the reply filed by the respondent regarding the acquittal of the detenu in the said FIR reflecting complete unawareness of the respondents. In view of the aforesaid position obtained in the matter the other grounds urged in the petition need not to be dealt with as the same essentially pale into insignificance.
Court has also quashed the PSA of one Zubair Ahmad Khan of Mattan Anantnag. Khan was detained vide detention order dated 29.06.2022 passed by District Magistrate, Anantnag with a view to prevent him from indulging in the activities which are prejudicial to the security of the State.
Court while quashing his PSA said the grounds of detention and dossier, if in similar language, go on to show that there has been non-application of mind on the part of detaining authority. “….it is clear from the record that the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority. The impugned order of detention is, therefore, unsustainable in law on this ground alone”, Court said.
Court disposed of both the petitions and quashed the detention orders under challenge with the directions to the respondent-authorities to set the detenus at liberty forthwith provided they are not required in any other case.
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