Excelsior Correspondent
Srinagar, Mar 3: High Court today quashed four detention orders under Public Safety Act (PSA) and directed release of the detenues from the preventive custody.
Justice Javed Iqbal Wani quashed detention orders of three detenues – Showkat Ahmad Ganie of Old Barzulla Srinagar, Zubair Ahmad Reshi of Ashjipora Anantnag and Rouf ul Islam of Pulwama- with the direction to jail authorities to release them from the preventive custody if they are not required in any other case.
These detenues were detained by District Magistrate Srinagar, Anantnag and Pulwama respectively on 20.10.2021, 26.02.2021 and 14.09.2021 with the view to prevent them from activities which are prejudicial to the security of the state.
Court on perusal of the detention record of detenue-Ganie said, only two leaves consisting of copies of detention warrant and grounds of detention have been furnished to the detenue, which clearly shows that the copy of dossier and other material which has formed the basis of the order of detention have not been furnished to him thereby depriving him from making an effective representation against his detention. “Failure on the part of detaining authority to supply whole of the material relied upon by it at the time of passing impugned detention order renders the impugned order illegal and unsustainable”, Justice Iqbal recorded.
In case of detenu-Zubair Ahmad Reshi cour Court held the detention order unsustainable as that the detaining authority has not drawn any satisfaction as per the mandate laid down by the Apex Court while passing the impugned detention order against the detenue, and the authorities have also failed to express any such compelling reasons even in their reply affidavit as well. The impugned order, thus in law, does not sustain on this count alone.
Court has quashed the detention of detenu-Rouf-ul-Islam as the counsel informed the court that he was already in custody and no compelling reasons were recorded by the detaining authority while passing the detention order in question.
Justice Tashi Rabstan has quashed the detention order of detenue-Abdul Karim Khuroo of Parimpora, Srinagar who was detained by District Magistrate Srinagar vide order dated 09.10.2021 on the ground that his activities are prejudicial to the security of the state.
Justice Tashi while quashing the detention order said, to make the Constitutional and Statutory right available to detenue meaningful, it is necessary that detenue be informed with all possible clarity what are apprehended activities that persuaded Detaining Authority to make detention order. “In case grounds of detention are vague, ambiguous and confusing, the detenue cannot be expected to make a representation against his detention”, Court said.
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