Excelsior Correspondent
Srinagar, Dec 31: High Court has quashed three detention orders passed under Public Safety Act (PSA) and directed the authorities to release the detenues.
Justice Sanjay Dhar quashed the PSA of Javed Hussain Yatoo, Rafiq Ahmad Thoker and Zahoor Ahmad Bhat. The trio were detained by the District Magistrates of Baramulla, Shopian and Kupwara on 22.05.2023, 24.01.2023 and 28.06.2022 respectively.
The court said that the failure on the part of the detaining authority to supply the detention material in order to make a representation before the authorities against the detention renders the detention order illegal and unsustainable in law.
“In the grounds of detention, there is no mention of the particulars of the places and the identity of the terrorists, to whom the petitioner-Thoker was allegedly providing logistic support. The particulars of the period when the detenue is alleged to have provided food, shelter and other logistic support to the alleged terrorists are also not mentioned in the grounds of detention”, read the judgment.
Court said, the unexplained delay in execution of the warrant of detention upon the petitioner-Bhat renders the subjective satisfaction of the detaining authority doubtful. Consequently, the impugned order of detention has been rendered unsustainable in law.
The court with these reasons, allowed all the three petitions and quashed the detention order challenged therein with the direction to the authorities to release the detenues from the preventive custody forthwith, provided they are not required in connection with any other case.
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