Excelsior Correspondent
Srinagar, Mar 9: The High Court has quashed three detention orders passed under Public Safety Act (PSA) and directed for their release.
Justice V C Koul while hearing three separate petitions quashed the detention orders of Waseem Ahmad Pandith of Karimabad, Zahoor Ahmad Sheikh of Kandoora Beerwah and Ghulam Mohammad Waza of Bagh Bandipora and directed the jail authorities to release them from the preventive custody if they are not required in any other case.
The trio were detained on 07.04.2022, 27.06.2022 and 19.05.2022 respectively on the orders of District Magistrates of Pulwama, Budgam and Bandipora and were placed under preventive detention with a view to prevent them from acting in any manner prejudicial to the security of the UT.
Justice Koul while quashing all the three PSAs 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 already noted, in the instant case, it is clear from the record that the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority. The impugned order of detention is, therefore, unsustainable in law on this ground alone”, read the judgment.
It has further been recorded by the court that if an order of detention comes to an end either by revocation or by the expiry of the period of order of detention, there must be fresh facts to pass a subsequent order of detention.
“When the period of detention expires, the grounds of said detention order are not to be taken into consideration either as a whole or in part even along with the fresh grounds of detention in order to pass a fresh detention order and, if such previous grounds of detention are taken into consideration while passing a fresh detention order, the order of detention will be vitiated”, read the judgment.
The Court has also 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 as the detenue has been prevented from making effective representation against the order of detention before the competent authority.
“Based on the above discussion, these petitions are disposed of and detention orders issued by the District Magistrates against the detenues are quashed. As a corollary, respondents are directed to set the detenues at liberty forthwith provided they are not required in any other case”, the Court directed.
Follow our WhatsApp channel
