HC quashes 6 PSAs, orders release of detenues

By
Daily Excelsior
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Excelsior Correspondent
SRINAGAR, Aug 4: High Court quashed six detention orders passed under Public Safety Act (PSA) and directed the jail authorities to release them.
The detenues Manzoor Ahmad Mir, Tabish Rafiq Bhat, Abdul Rashid Shigan, Aqib Ahmad Dhobi, Illyas Farooq Bhat and Shabir Ahmad Sheikh residents of Kakapora, Pampora Pulwama, Batamaloo Srinagar, Tral Pulwama, Rajbagh, Shalteng Srinagar were detained under PSA by the concerned District Magistrates on 18.10.2021, 18.10.2021, 30.07.2021, 16.12.2021, 02.12.2021 and 28.02.2022 respectively with a view to prevent them from acting in any manner prejudicial to the security of the State.
They sought quashing of their PSAs on various grounds including that they were not furnished the material go detention record so as to enable them to make representations against the PSAs before the competent authority.
The court while quashing all the six PSAs in separate judgments, said the procedural requirements have not been followed and complied and followed by the respondent-authorities in letter and spirit and resultantly, the impugned detention orders needs to be quashed. “It needs no emphasis that the detenue cannot be expected to make an effective and purposeful representation which is his constitutional right guaranteed under Article 22(5) of the Constitution of India, unless and until the material, on which the detention is based, is supplied to the detenue”, reads the judgments.
“Based on discussions, these petitions are disposed of and Detention Orders issued against the detenues are quashed and the respondents are directed to release them from preventive detention provided they are not required in any other case”, Court directed.
Court added the manner in which the grounds of detention and the impugned order of detention have been passed clearly reflects a state of uncertainty on the part of the Detaining Authority while recoding its satisfaction as such it renders the impugned order of detention unsustainable in law.

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