Excelsior Correspondent
SRINAGAR, Feb 15: High Court has quashed three detention orders passed under Public Safety Act and directed the jail authorities to release detunes.
Justice Sanjay Dhar quashed the PSA of Irfan Mehraj Bhat, who was detained by District Magistrate Anantnag on 14.2.2022 and lodged in Central Jail Kothbalwal Jammu.
Detenue Bhat challenged the order of detention and contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind as the procedural safeguards have not been complied by the detaining authority while passing the order of detention.
Justice Dhar on consideration of the record and material pertaining to the case said that non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law. The impugned order of detention deserves to be quashed. Accordingly, the petition is allowed and the impugned order of detention is quashed”, court concluded.
Court has also quashed PSA of Waseem Maqbool Bhat who was detained by District Magistrate Kulgam on 29.3.2022 citing that his activities are prejudicial to the security, sovereignty and integrity of the State.
Detenue contends that he has not been supplied the whole of the material relied upon by the detaining authority, in order to make an effective representation before the competent authority against his detention.
“Obviously, the petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board. Thus, vital safeguards against arbitrary use of the law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law”, Justice Dhar said.
“There has to be a live and proximate link between the past conduct of the detenue and the activities alleged to be prejudicial to the maintenance of public order. In the instant case, the said link is completely missing as the time between the order of detention and the incidents referred to in the grounds of detention is far too large to presume such a link. The impugned order of detention, therefore, cannot be sustained. Viewed thus, the petition is allowed and the impugned order of detention is quashed”, Justice Dhar concluded.
While dealing with the case of detenue-Khalid Nazir Wagay who was detained on 29.3.2022 by District Magistrate Kulgam court said, the failure on the part of detaining authority to supply the material to the detenue, renders the detention order illegal and unsustainable.
“Using the same grounds and material for passing subsequent detention order without actually mentioning that the petitioner had been previously detained on the basis of this very material not only amounts to an illegality but also shows lack of application of mind on the part of the detaining authority”, Justice Dhar recorded.
“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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