Excelsior Correspondent
SRINAGAR, Oct 10: High Court today quashed two detention orders passed under Public Safety Act (PSA) and directed the authorities to release them.
The court quashed the PSA of Zahoor Ul Hassan Kamal of Kamal Mohalla, Kishtwar and Tanseem Ahmad Sheikh of Awantipora Pulwama.
Kamal was detained under PSA passed by the District Magistrate Kishtwar stating that he was involved in various FIRs registered in Police Station, Kishtwar and did not mend his ways and every time after he got the bail, resumed his anti-national activities.
As per the dossier, the detenue-Kama is highly influenced by the separatists’ mind set and remained affiliated with banned organization Hizbul Mujahideen. He worked as an Over Ground Worker of the above said banned organization and his activities were highly prejudicial to the security of the Union Territory.
Court after perusal of the grounds of detention which reveal that the petitioner -Kamal has provided food, shelter to the militant organisation and has shared vital information with the militant organisation said, there are no such allegations against the detenue either in the Dossier or even the DDR and DSB report and the same reflects the non-application of mind on the part of the detaining authority while issuing the order of detention and as such, the order of detention is not sustainable in the eyes of law.
Court has quashed the PSA of Pulwama youth-Tasneem Sheikh by observing that the third detention order on the same grounds against the detenue is not sustainable under law.
“The detention order, impugned before the Writ Court (Single Bench), was thus, found to be based on almost the same grounds, which had been used to base two earlier detention orders against the detenue which had been quashed by this Court,” the Division Bench said.
Moreover, the Division Bench said though, authorities have taken a stand against their own record, that the detenue had not filed representation against his detention, whereas, representation was stated to have been considered and rejected by the Government of J&K. “However, the same was not conveyed to the detenue, which vitiates the detention order impugned”, Court said.
With these views, the court quashed both the PSAs issued by the concerned District Magistrates and directed to release both the detenues forthwith, if not required in any other case.
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