Excelsior Correspondent
Srinagar, Aug 12: The High Court has quashed five detention orders passed under Public Safety Act and directed the release of detenues from preventive custody.
The court quashed the PSAs of Muzaffar Ahmad Rather, Asif Ahmad Lone, Bilal Ahmad Lone, Bilal Ahmad Dar and Nazir Ahmad Sofi residing from Yaripora Kulgam, Rampora Bandipora, Heff Shopian and Baramulla.
They were detained by the respective District Magistrates on 08.04.2022, 25.06.2022, 14.07.2019, 20.10.2021 and 07.02.2023 with a view to prevent them from acting in any manner prejudicial to security, sovereignty and integrity of the State.
Court said that non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.
The court also added that the apprehension of the detaining authority that the remaining of detenue at large would be detrimental to the maintenance of public order, cannot be made basis for placing the detenue under preventive detention. “A simple case of cheating and fraud, without having wider ramifications, cannot be made the basis of issuing the detention order in the name of maintaining the public order. The impugned order is, therefore, not sustainable in law”, read the judgment.
Thus, vital safeguards court added, against arbitrary use of law of preventive detention have been observed in breach by the respondent-authorities rendering the impugned order of detention unsustainable in law. “The detention order based on such vague and stale grounds is not sustainable, for the reason that the detaining authority before passing the order has not applied its mind to draw subjective satisfaction to order detention of the detenue by curtailing his liberty”, read the judgment
The court while dealing with the case of detenue-Rather said the link is completely missing as the time between the order of detention and the incident referred to in the grounds of detention is far too large to presume such a link. The impugned orders of detention, therefore, cannot be sustained.
“For the afore-stated reasons, the petitions are allowed and the impugned detention orders are quashed. The respondents are directed to release the petitioners from the preventive custody forthwith, provided they are not required in connection with any other case”, the court concluded.
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