Excelsior Correspondent
SRINAGAR, Apr 15: The High Court has quashed two detention orders passed under the Public Safety Act and directed the release of detenues and upheld the one, citing the mandatory provisions of Act have been strictly complied by the detaining authority while passing detention order.
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Justice Vinod Chatterji Koul has quashed the PSAs of Saboor Ahmad Shergojri of Zainapora Shopian and Mushtaq Ahmad Ganaie of Sangri Colony Baramulla. Both were detained by the concerned District Magistrates vide orders dated 27.09.2023 and 29.04.2023.
Court in Shergojri’s case said the detention record does not reveal or indicate anything with regard to receipt or consideration of the representation. “It is thus evident from the pleadings of the respondents as well as the detention record that the representation submitted on behalf of the detenu has not been considered by the respondents so far”, the court said.
The court in Ganaie’s case 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 as such the impugned order of detention is, therefore, unsustainable in law on this ground alone.
“For the reasons discussed above, the petitions are disposed of and detention orders passed by District Magistrates of Shopian and Baramulla are quashed. Respondents, including Superintendent Jail concerned, are directed to release the detenues forthwith, provided they are not required in any other case”, the court directed.
Justice Rajesh Sekhri while dealing with the case of Zahoor Ahmad Dar of Bandiproa who was detained on 07.04.2022 and lodged at Central Jail, Kot Bhalwal Jammu on the contentions that he is an anti-national element and is figuring adversely in the police records for his involvement in various anti-national activities which are threat to the security of the UT, upheld his detention.
As per the stand of detaining authority would go on to reveal that during the unrest of 2016, Dar played a crucial role in provoking, instigating and motivating the youth of his locality to enforce the bandh and strike calls given by various separatist organizations, which disturbed the peace and tranquility of the area and society as he was a mastermind of exploiting the situation in Sumbal area.
“According to the respondents, the activities of the detenue are not only prejudicial to the security of the UT but are aimed to recycle vicious atmosphere to create the atmosphere conducive for secessionists and terrorists to destabilize the administrative machinery”, read the counter affidavit of the authorities.
Justice Sekhri while upholding his PSA said, the Government may, if it is satisfied with respect to any person that with a view to prevent him from acting in any manner prejudicial to security of the UT or maintenance of public order, it is necessary so to do, make an order directing that such a person be detained.
“It is trite to say that it is exclusive domain of the administration to ensure security of the UT and maintenance of public peace and tranquility and subjective satisfaction of the detaining authority to detain a person, in particular, when a person refuses to desist from his past anti-national activities, is not open to objective assessment of the Court”, court recorded.
“Viewed from any angle, I do not find any illegality or impropriety in the impugned detention order. Hence, the present petition, being devoid of any merit, is dismissed, and impugned detention order is upheld”, the court concluded.
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