Excelsior Correspondent
Srinagar, Jan 28: High Court today quashed three detention orders passed under Public Safety Act and directed the authorities to release all the three detenues.
Justice Sanjay Dhar quashed the detention orders of detenues Adil Manzoor Mir of Anantnag, Ahtisham ul Haq Bhat of Bandipora and Mohammad Aslam Sheikh of Budgam and directed for their release from the preventive custody with the condition if they are not required in any other case.
Detenue-Mir was detained under PSA by District Magistrate Anantnag on February 26 last year and was lodged in District Jail Kuthua, Detenue-Bhat was detained by District Magistrate on March 3 last year and was lodged in Central Jail Srinagar while as Detenue- Sheikh was placed under preventive detention by District Magistrate Budgam on November 11, 2020 and was lodged in District Jail, Amphala J&K, Jammu.
The court, in detenue Mir and Bhat’s case said that non-supply of relevant material appears to have substance as the record suggests that whole of the relevant material has not been supplied to the detenue.
Court while quashing the detention order recorded that the detaining authorities have not adhered to the legal and Constitutional safeguards while passing the impugned detention order against the detenue-Mir. “The impugned order of detention is, therefore, unsustainable. Accordingly, the same is quashed”, reads the judgment.
While dealing with the petition of detenue-Sheikh, Justice Dhar said that the Detaining Authority is bound to record the compelling reasons as to why the detenue could not be deterred from indulging in subversive activities by resorting to normal law and in the absence of these reasons, the order of detention becomes unsustainable in law.
Coming to the case of detenue-Sheikh, court said, the Detaining Authority in grounds of detention has not referred to any other cogent material or furnished any other cogent ground to show that if the detenue-Sheikh is allowed to remain at large, he will be a potential threat to the security of the State.
“The detenue was already in custody in the aforesaid FIR and there were remote chances of his getting bail as he was involved in the offences to which rigor of S.43D of UAPA is attracted. Thus, there were no compelling reasons for the detaining authority to pass the impugned order of detention. The same, therefore, is not sustainable in law”, ordered the court.
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