Excelsior Correspondent
SRINAGAR, Dec 31: High Court today quashed three detention order passed under Public Safety Act (PSA) and directed for release of all the three detenues from the preventive custody.
Justice Rajnesh Oswal and Justice Sanjay Dhar after hearing three separate petition filed by the detenues Suhail Ahmad Dar, Owais Ahmad Bhat and Shabir Ahmad Parray held the detention orders are bad in law as such quashed the same with the direction to the authorities to release the detenues from the preventive custody.
These detenues were detained on 23.04.2021, 07.07.2020 and 13.07.2020 by the district magistrate Pulwama with the view that their activities are prejudicial to the security of the state.
Court while quashing these detention orders said that it has been mentioned in the FIRs that the activities of the detenue are prejudicial to the security of the State and being highly motivated to carry on the illegal designs he is not likely to desist from indulging in antinational and anti-social activities but the Detaining Authority has not brought on record any other cogent material or furnished any other cogent ground to show that the detenue is not likely to desist from the aforesaid activities. It appears that the satisfaction of the Detention is solely based on the allegations made in the aforesaid FIR and no other material.
In case of detenue Owais Ahmad Bhat the court said that the respondents have not adhered to the legal and Constitutional safeguards while passing the impugned detention order against the petitioner as such held the impugned order as unsustainable
In case of detenue Shabir Ahmad Parray court said the police report relied upon by the petitioner in his petition reveals that the FIR No. 40/2021 was initially registered u/s 307, 341, 149,148,147 IPC but subsequently, offences u/s 13 ULA (P) Act was also added. This fact has not been disputed by the respondents in their counter affidavit filed to the petition. Thus, it is evident that whole of the record was not produced before the detaining authority so as to enable the detaining authority to derive the subjective satisfaction that the detention of the petitioner is necessary for the maintenance of public order and this too renders the detention order illegal.
“The detenues are directed to be released from the preventive custody forthwith provided they are not required in connection with any other case”, Court directed.
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