Excelsior Correspondent
SRINAGAR, Apr 21: High Court quashed seven detention orders passed under J&K Public Safety Act and directed release of all detenues.
Justice Sindhu Sharma, Justice M Akram Chowdhary and Justice Moksha Kazmi quashed detention orders of Mukhtar Ahmad Lone, Mohd Younis Ganie, Umair Mushtaq Rather, Adil Ahmad Wagay, Manzoor Ahmad Mir and Rouf Ahmad Naik respectively, while dealing with their case separately.
Court quashed some PSAs for not providing the whole detention record to the detenues in order to make representations before the competent authority by these detenues against the detention orders. Court has also held these detention orders as invalid in the eyes of law as the representations filed by some of the detenues have not been considered and decided within time.
“Thus, the order of detention is invalided on the grounds that there is unexplained delay on the part of the Government in deciding the representation of the detenues and the fact that all the material relied upon by the Detaining Authority has not been provided to them, thus, this has resulted in infraction of the detenue’s rights and this also vitiates the order of detention”, Court said.
Five detention orders were passed by the District Magistrates of district Kulgam, and one each by District Magistrate Anantnag and Shopian stating therein that the detenues are under preventive detention to prevent them from acting in any manner prejudicial to the security of the State. Court while dealing with the case of detenes-Rather said the Detaining Authority has mentioned various allegations in the grounds of detention, however, no specific allegation has been mentioned regarding the detenue in the alleged activities mentioned in the grounds of detention which could connect the detenue with such activities.
“The very basis of the satisfaction recorded by the Detaining Authority are vague, as such, the impugned order of detention suffers from complete nonapplication of mind on the part of Detaining Authority”, Court recorded.
“These petitions are allowed and the detention orders, passed by the District Magistrates are quashed. Accordingly, the respondents are directed to release them from the custody forthwith, if they are not required in any other case”, Court directed.
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