Excelsior Correspondent
Srinagar, Apr 28: The High Court has quashed six detention orders passed under J&K Public Safety Act and directed the release of the deteues.
The court quashed the PSA of Mudasir Ahmad Parray of Pakherpora Budgam, Feroz Ahmad Zargar of Qaimoh Kulgam, Javeed Ahmad Lone of Bandipora, Umar Rashid Ganie of Batengoo Anantnag, Siraj-ud-Din of Rajouri Kadal Srinagar, Rouf Mushtaq Najar of Wangam Shopian and upheld the PSA of Faheem Sultan Gojree.
The assertions made in the grounds of detention of detenue-Parray are vague and lacking in material particulars as there is not even a single FIR, registered against him for any of the said activities. In the case of Zargar, the court said, the manner in which the grounds of detention and the impugned order of detention have been framed and made, it clearly reflects a state of uncertainty and tentativeness on the part of the detaining authority while recoding its satisfaction.
The court said the vital safeguards against arbitrary use of law of preventive detention in Lone’s case have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law.
Dealing with the case of Umar Ganie, court said that from the record that the dossier and the grounds of detention contain almost similar wording which shows that there has been non-application of mind on the part of the detaining authority. The impugned order of detention is, therefore, unsustainable in law on this ground alone.
“The petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board, as a result whereof his case has been considered by the Advisory Board in the absence of his representation, as is clear from the detention record. Thus, 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 recorded in the case of Siraj ud Din.
Court in case of Najar said, the petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board, as a result whereof his case has been considered by the Advisory Board in the absence of his representation, as is clear from the detention record.
Court has upheld the PSA of Faheem Sultan Gojree by recording that the grounds reveal that Gojree is alleged to have been providing logistic support including transporting of arms of militants from one place to another.
The detenu, court added, is reported to have been taking instruction from an outfit TRF for making the job of carrying out militant activities which include killing in a covert and clandestine manner and for that matter detenu is alleged to have been using modern technology.
The DB after analyzing the judgment of writ court wherein the PSA of detenue-was held to be legal and genuine said, the Writ Court has given comprehensive, lucid and eloquent judgment and set at rest all facets of the matter. “Resultantly the appeal fails. we are not inclined to interfere in the Writ Court judgment as no case is made out in this regard and as a consequence of which the appeal is dismissed”, the DB concluded.
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