Excelsior Correspondent
SRINAGAR, June 7: High Court today has quashed three PSAs with the direction for release of detenues from the preventive custody and upheld the one.
Justice Sanjay Dhar while holding all the three PSAs as illegal quashed the same with the direction to the authorities to release the detenue-Ajaz Ahmad Dar, Adil Ahmad Paul and Mohammad Amid Banday from the preventive custody and upheld the PSA of Aqib Ahmad Renzu.
Detenues-Dar, Pual and Renzu were detained by District Magistrate Srinagar on 11.05.2023, 30.8.2022 and 04.10.2023 while as detenue-Banday was detained by Divisional Commissioner Kashmir on 27.7.2023.
“Obviously, the petitioner has been hampered by non-supply of vital documents in making an effective representation before the Advisory Board, as a result whereof his case has been considered by the Advisory Board in the absence of his representation, as is clear from the detention record”, Justice Dhar said.
Court as such observed that the vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in the case of detenue-Dar rendering the impugned order of detention unsustainable in law.
The other ground which prompted the court to quash the PSA of detenue-Paul was that his detention order was issued on 30.08.2022 but the same was executed on 02.11.2022, i.e. after a period of about three months thereafter, which the court said clearly shows that there was no requirement for immediate detention of the petitioner-Paul under preventive detention laws.
“There has been no explanation on the part of respondents regarding delay in execution of the impugned detention order. Even the record produced by the respondents does not offer any explanation for delayed execution of the order of detention”, read the judgment.
The court in detenu-Banday’s case said that he cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed by the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detenue. “The failure on the part of detaining authority to supply the material renders the detention order illegal and unsustainable in law”, court said and directed to release them from the custody.
Court has upheld the PSA of Aqib Ahmad Renzu on the ground that a person indulging in criminal activities, which are prejudicial to the maintenance of public order, cannot take shelter behind nationalist activities in which he may have participated at some point of time in his career.
According to the detenue, he has been active in mainstream politics and in order to substantiate his contention, he has highlighted his activities in the events like Har Ghar Tiranga and hoisting of national flag at Char Chinari.
“The petitioner may have been associated with the aforesaid nationalist activities but that does not insulate him and provide him immunity from being proceeded against for indulging in serious criminal activities which endanger the peace of the society. For the foregoing reasons, I do not find any merit in this petition. The same is, accordingly, dismissed”, Justice Dhar concluded.
Follow our WhatsApp channel
