Excelsior Correspondent
SRINAGAR, Apr 8: High Court today quashed five detention orders passed under Public Safety Act (PSA) with the direction to the jail authorities to release them from preventive custody.
Court quashed the detention orders of detenues- Sakib Ahmad Mir of Dalipora District Pulwama, Mushtaq Ahmad Wani of Wahab Parray Mohalla District Bandipora, Arif Ahmad Malla of Channa Mohalla, Habbak Shanpora, Srinagar, Mushtaq Ahmad Wani of Wahab Hajin District Bandipora and Farooq Ahmad Beigh of Bandipora.
These detenues were detained on 18.10.2021, 19.10.2021, 24.06.2021, 19.10.2021 and 21.10.2021 under the PSA by the District Magistrates of District Pulwama, Bandipora and Srinagar. Court while quashing the detention of detenue-Mir said the vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law.
Court quashed the detention of detenu-Wani on the ground that the failure on the part of detaining authority to supply the material to the detenue in order to make effective representation before the authorities rendered the detention order illegal and unsustainable.
In detenue-Malla’s case court said, the detaining authority has not, in the grounds of detention spelled out any reason, much less compelling reasons for resorting to preventive detention, when he was already booked in two FIRs and the details of specific incidents as regards the activities of the detenue are not recorded in the grounds of detention.
Court quashed the detention of detenu-Wani on non furnishing of material to him and observed that the detenue cannot be expected to make an effective and purposeful representation unless and until the material on which detention is based, is supplied to him
In case of detenue-Farooq Ahmad Beigh court after perusal of impugned detention order said the same reveals that on the basis of dossier placed before detaining authority by Senior Superintendent of Police, Bandipora, detaining authority was satisfied that with a view to prevent detenu from acting in any manner prejudicial to the security of the State, however, it was necessary to detain the detenu under necessary provisions of law.
“Viewed thus, in the context of what has been observed, analyzed and considered, instant petitions are allowed and consequent to which the impugned order of detention orders are quashed, with the direction to the respondents including the Jail authorities concerned to release the detenues forthwith from preventive custody unless required in any other case”, Court directed.
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