Excelsior Correspondent
Srinagar, Nov 19: High Court today quashed three detention orders and directed the authorities to release these detenues forthwith from the preventive custody provided they are not required in any other case.
Justice Sanjeev Kumar while allowing the separate petitions challenging therein the detention orders passed by the District Magistrates, quashed all the three detention orders and directed for their immediate release form the preventive custody.
The detention orders were slapped by the District Magistrate Kulgam on August 2019 against Majid Ali Matoo, Amir Hussain Bhat on July 2019 and against Raashid Ahmad Shah on August 2019 by District Magistrate Shopian.
Justice Kumar after hearing the counsel for the perusal of and perused the record, viewed that the detention of Matoo is not sustainable in law for the simple reason that there is clear snapping of link between the prejudicial activities of the detenu and the order of his detention.
Court added that with a view to justify the detention, the detaining authority must demonstrate that the prejudicial activities of the person detained are proximate to the time when the order of detention is made, and in absence of any explanation with regard to the passing of the delayed detention order, the live link between the prejudicial activities and the purpose of detention is snapped.
“I am in agreement with the counsel for the detenu that in the instant case there is no mention of any prejudicial activity of the detenu during the three years preceding the order of detention and, therefore, there was no material before the detaining authority to derive satisfaction with regard to the necessity of keeping the detenu in detention for preventing him from acting in any manner prejudicial to the security of the state”, Justice Kumar recorded in the verdict.
With regard to detention of Bhat, court said, the non-application of mind by the detaining authority would indicate that there was no subjective satisfaction arrived at by the detaining authority with regard to the necessity to place the detenu under preventive detention.
About the detention of Shah court said, the impugned detention order is not sustainable in the eye of law as admittedly, on the date the detention of detenu was ordered, the detenu was already in jail and was involved in as many as three FIRs, two registered in the year 2018 and one registered in the year 2019.
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