Excelsior Correspondent
SRINAGAR, Apr 1: High Court has quashed three detention orders with the direction to release the detenues from the preventive custody and upheld the one detention order passed under Public Safety Act.
The detention order of Reyaz Ahmad Bhat of Anantnag was issued by District Magistrate Anantnag on 17.10.2021 and was directed to be lodged in Central Jail, Kot Bhalwal Jammu. Court on perusal of the detention record of the detenu-Bhat said there is no mention of the particulars of the place, the identity of the persons alleged to have received support of the detenue and the particulars of the period in the grounds of detention.
These grounds, court said, being vague and lacking any material particulars, as such, the detenue could not make an effective representation against his detention, on the basis of these vague allegations.
“For the foregoing reasons, the petition is allowed and the impugned order of detention is set aside. The respondents are directed to set free the detenue from the preventive custody forthwith provided he is not required in connection with any other case”, Court directed.
Court quashed the detention order of Auqib Ashraf Mir of Brath Kallan, Sopore who was detained under PSA by the order of District Magistrate Baramulla on 17-06-2020. Court on his grounds of detention said that it reveals that passing reference has been made that there is every likelihood of detenu being released on bail and there is no reference either in the dossier or in the grounds of detention that the detenu had preferred any bail application.
“The absence of proof of any such application in grounds of detention establishes that satisfaction recorded by the detaining authority that there is likelihood of the detenue being admitted on bail is without any basis. The impugned detention order, as such, is not sustainable on this ground also”, court said.
Court has also quashed the detention order of Mushtaq Ahmad Ganai of Mattan passed against him by District Magistrate Anantnag of 19.10.2021. Court said the assertions made in the grounds of detention are vague and without any material particulars as to at what place or when and which shooter of the banned organization, the detenue has provided the logistic support and shelter. These vague grounds, being lacking in material particulars, are bad, inasmuch as the detenue could not make an effective representation against his detention”, court recorded.
The court has upheld the detention order of detenu-Mohammad Rafiq Najar of Nowgam Anantnag. Najar was detained by DM Anantnag on 17.10.2021. A bare perusal of the grounds of detention, reveal that detenu is providing food and logistic support to the militants of banned organization JeM and assisting in transportation of weapons.
The identity of the militant to whom the petitioner is alleged to have provided food, shelter and logistic support for transportation of weapons etc. is clearly mentioned in the grounds of detention.
“Therefore, it is not a case where the necessary particulars required for making an effective representation against the detention order are lacking in the grounds of detention. The argument of learned counsel for the petitioner in this regard is without any merit and deserves to be rejected”, court concluded.
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