Excelsior Correspondent
Srinagar, Feb 26: Observing that one irrelevant ground is sufficient to vitiate the order of detention.
The High Court today quashed 4 detention orders passed under Public Safety Act (PSA) and directed the release of detenues.
Justice V C Koul has quashed the PSA of Arshid Ahmad Mir of Brakpora Anantnag, Ghowhar Ahmad Bhat of Zainapora Shopian, Irshad Ahmad Bhat of Batapora Shopian and Nadeem Ayoub Itoo of Mohammadpora Kulgam.
Justice Koul while quashing these PSAs said, there is no cogent explanation coming to fore from perusal of the grounds of detention with reference to the live-link between the prejudicial activities and the purpose of the detention and resultantly the impugned detention order is liable to be quashed.
“It is evident from impugned order of detention that grounds of detention have not been prepared by detaining authority and resultantly impugned detention order is vitiated”, Court said while quashing the PSA of Itoo.
The court in detenue Bhat’s case said that irrelevant grounds, being taken into consideration for making the order of detention, are sufficient to vitiate it. “One irrelevant ground is sufficient to vitiate the order as it is not possible to assess, in what manner and to what extent, that irrelevant ground operated on the mind of the appropriate authority, and contributed to his satisfaction that it was necessary to detain the detenu in order to prevent him from acting in any manner prejudicial to the maintenance of the public order or security of the State”, reads the judgement.
Court quashed the PSA also on the ground that if the detenu is not supplied the material, on which the detention order is based, he will not be in a position to make an effective representation against his detention order and the failure on the part of the detaining authority to supply the material, relied at the time of making the detention order to the detenu, renders the detention order illegal and unsustainable.
“Based on the above discussion, the petitions are disposed of and Detention Orders issued against the detenues are quashed. As a corollary, respondents are directed to set the detenues at liberty forthwith provided they are not required in any other case. Disposed of”, court concluded.
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