Excelsior Correspondent
SRINAGAR, July 15: High Court today quashed two detention orders passed under Public Safety Act and directed the authorities to release them from the preventive custody and upheld the one detention and dismissed the plea seeking quashing of detention.
Detenue Zahoor Ahmad Khan questioned the order of detention bearing No. DMS/PSA/2020/217 dated 11.07.2020 issued by the District Magistrate Srinagar, by virtue of which the petitioner has been ordered to be detained under the Act.
On perusal of the grounds of detention reveal that the Senior Superintendent of Police (SSP), Kupwara vide letter dated 07.07.2020 submitted the dossier of activities in respect of the denenus-Khan to the detaining authority and the detaining authority instead of passing any order on the basis of said dossier, directed the SSP concerned to re-examine the matter and the SSP concerned vide letter dated 10.07.2020 re-submitted the case and in the said letter it was stated that the report was sought from the DySP Lolab and SHO, Police Station, Lalpora and in the said report.
It was stated that the subject is an active member of Jamat-e-Islami and besides in view of prevailing situation in the Valley, it was suggested that there is every apprehension that the petitioner may get involved in the anti-national activities and provoke the people especially the youth to act against the interest of the State.
A bare perusal of the dossier activities as well as grounds of detention reveal that except the fact that the detenus is an office bearer of Jamat-e-Islami, which is a banned organization, the respondents, court said, have not mentioned any activity in which the detenu has ever indulged in past that give rise to the apprehension to the detaining authority that he may indulge in illegal activities causing threat to the security of the region.
“In view of the above, this petition is allowed. Detention order No. DMS/PSA/2020/217 dated 11.07.2020 is quashed. Petitioner (detenue) be set free from the preventive custody, provided he is not required in any other case”, Court directed.
Court quashed the detention of District Magistrate, Shopian by placing the detenus Uzair Maqbool Malik of Bagander Alyalpora District Shopian under preventive detention to prevent him from acting in any manner prejudicial to the maintenance of public order.
“For the foregoing reasons, this petition is disposed off and detention Order no.47/DMS/PSA/2019 dated 16.08.2019, passed by District Magistrate, Shopian, quashed. Respondents, including Jail Superintendent concerned, are directed to release the detenu forthwith, provided he is not required in any other case”, Court directed.
District Magistrate, Baramulla issued the detention order no.90/DMB/PSA/ 2020 dated 08.05.2020, placing Aijaz Ahmad Bhat of Darpora, Goripora, Bomai, Sopore under preventive detention, with a view to preventing him from acting in any manner prejudicial to the security of the State.
Court upheld the said detention order by recording that the preventive detention is not punitive but preventive and is resorted to with a view to prevent a person from committing activities regarded as prejudicial to certain objects that the law of preventive detention seeks to prescribe.
“It is apposite to mention that our Constitution undoubtedly guarantees various freedoms and personal liberty to all persons in our Republic. However, it should be kept in mind by one and all that the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused so as to endanger and threaten the very foundation of the pattern of our free society in which the guaranteed democratic freedom and personal liberty is designed to grow and flourish”, reads the judgment. “For the foregoing reasons and discussion, the petition sans any merit and is, accordingly, dismissed”, Court concluded.
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