Excelsior Correspondent
Srinagar, May 30: High Court today quashed three detention orders and directed the authorities to release all the three detenues from preventive custody.
Justice Rahul Bharti has quashed the PSA of one Suhail Ahmad Lone Bomai Zainageer, District Baramulla. Lone was detained by District Magistrate Baramulla on 28.11.2022 on the ground that he is holding his activities prejudicial to the security of the State.
Earlier he was detained on 09.11.2021 by passing a detention order which came to be challenged by him and said PSA was quashed by the court. Justice Bharti said that Lone was detained in illegal custody and just after a period of 13 days again came to be subjected to suffer next round of preventive detention under challenge on the purported ground that his activities are reckoned to be prejudicial to the security of the State warranting his preventive detention.
“The second detention order was nothing but a repeat of the earlier dossier served by the Senior Superintendent of Police Sopore on the basis of which the first detention order No. 27/DMB/PSA/2022 dated 09.11.2021 was issued”, court said.
It was further added by Justice Bharti that when this Court makes a comparative reading of the two detention orders along-with respective grounds of detention supporting the said two detention orders, this Court comes to see them replica of each other except an addition of one or two paragraphs in the grounds of detention which came to be formulated by the District Magistrate, Baramulla in support of his second detention order and the addition of said paragraphs is nothing but just bad branding and name calling of the petitioner without any factual content therein.
Apart from this, Justice Sindhu Sharma and Justice Puneet Gupta quashed PSAs slapped on Sona Lone of Dangarpora District Baramulla and Manzoor Ahmad Bhat of Awantipora Pulwama. The District Magistrate, Baramulla, ordered the detention of the detenue-Lone with a view to prevent him from smuggling timber and Divisional Commissioner Kashmir ordered detention of detenue-Bhat on the ground that he was influencing immature minds of young generation and making them habitual and addict of drugs.
“The order of detention has been passed on vague and extraneous grounds. The detenue has not provided all the material relied upon by the detaining authority on which the detention has been based. The grounds of detention which are the basis for order of detention do not disclose any imminent threat to the security of the State. Thus, the detenue submits that the order of detention is vitiated and is liable to be set aside”, Justice Sharma recorded.
Justice Gupta in detenue Bhat’s case said the aspect of the matter is that though the representation has been considered by the authorities but the authorities have taken more than two months to dispose of the representation of the petitioner which by no means can be said to be consideration and disposal of the representation within a reasonable time.
“Moreso, there is no explanation from the authorities as to why so much delay has happened in considering the representation. The representation has to be considered and decided by the authorities. In view of the discussion made above, the petition is allowed and the impugned detention order No.DIVCOM-K/102/2023 dated 06.07.2023 passed by Divisional Commissioner Kashmir stands quashed. The petitioner namely Manzoor Ahmad Bhat shall stand released from custody”, court directed.
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