Excelsior Correspondent
Srinagar, Oct 20: High Court has quashed three detention orders passed under Public Safety Act (PSA) and directed the jail authorities to release them from preventive custody.
The detenues Iqbal Ahmad Mian of Baramulla, Umar Nazir Malik of Kulgam and Parvaiz Ahmad Wagay of District Anantnag were detained by the concerned District Magistrate with a view to prevent them from indulging in such activities which are prejudicial to the maintenance of the public order.
They challenged their PSAs on various grounds and the court while considering all the three cases quashed their PSAs with the direction to the authorities to release them from the preventive custody.
The court in detenue Mian’s case said, the allegations in the sole FIR registered against the detenu-Mian has already been dealt with by this Court and the detention of the petitioner in early petition who was also shown to be involved in the same FIR with identical allegations has been quashed as such the instant PSA does not stand in the eyes of law as such the same is quashed.
In detenue-Malik’s case court said the grounds of detention that how the detaining authority had observed that the petitioner was arrested in the instant case and later bailed out by the competent court of law as such this alone shows that the impugned order has been passed without application of mind, which alone is a sufficient enough to quash the impugned order.
Dealing with case of detenu-Wagay court recorded that the impugned order of detention is sheer non-application of mind on the part of the detaining authority and the petitioner is right in contending that on the basis of vague allegations, no effective representation could have been made against the order of detention. “On this ground only, the order of detention is required to be quashed. In almost identical grounds, a Coordinate Bench of this Court has quashed the order of detention”, reads the judgment.
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