Excelsior Correspondent
Srinagar, Nov 19: The High Court has quashed two detention orders passed under Public Safety Act (PSA) with the direction to authorities to release them and upheld one.
Justice Vinod Chatterji Koul quashed the PSA of Mehraj-ud-Din Parray and Rizwan Akbar Najar. both residents of Srinagar and upheld the PSA of Mushtaq Ahmad Mir of Chak Nutnussa, Kupwara. Trio was detained on 22.11.2019, 07.04.2022 and 19.10.2021 by the District Magistrates of Srinagar and Kupwara in order to prevent them from acting in a manner prejudicial to the maintenance of public order.
Justice Koul while quashing the PSAs of detenue-Parray and Najar recorded that there is no mention qua considering and deciding their representation in the reply affidavit filed by the authorities. Court, as thus, said it is inferable that the representation has not been considered by respondents. “Therefore, there is substance in the submission of learned counsel for petitioner that non-consideration of representation of detenu vitiates impugned order of detention”, read the judgment.
Court added that the failure on the part of the detaining authority to supply the material, relied at the time of making the detention order to the detenu, renders the detention order illegal and unsustainable. “In the present case, the procedural requirements, as discussed have not been followed and complied by the respondents in letter and spirit and resultantly, the impugned detention needs to be quashed”, read the judgment.
Court on these basis allowed both the petitions and quashed their PSAs with the directions to the respondents, including concerned Superintendent Jails, to set the detenues at liberty forthwith provided they is not required in any other case.
Justice Koul in Mir’s case, who is presently lodged at Central Jail Kot-Bhalwal Jammu, said the detention order against Mir was made on proper application of mind, to the facts of the case and detenu was delivered at the time of execution of the detention order, the material and grounds of detention and was also informed that he had a right to represent against his preventive detention both before detaining authority as also the Government as also the grounds of detention are definite, proximate and free from any ambiguity.
“The law of self-preservation and protection of the country and national security may claim in certain circumstances higher priority. For the reasons discussed the instant petition is without any merit and is, accordingly, dismissed”, Justice Koul concluded.
Follow our WhatsApp channel
