Excelsior Correspondent
Srinagar, Apr 15: High Court has quashed 7 detention orders passed under Public Safety Act and directed the authorities to release the detenues.
The court has quashed PSA of Faisal Ramzan Mir of Dadsara, Abrar Ahmad Wani of Chadoora, Imran Qadir of Srinagar, Mohammad Yousuf Ganaie of Shopian, Zahid Nazir Dar of Yaripora, Bashir Ahmad SuaJaved liah of Baramulla and Javed Ahmad Dar of Redwani. These detenues were detained by the District Magistrates of Pulwama, Budgam, Shopian, Baramulla and Kulgam on 16.04.2022, 27.06.2022, 18.04.2022, 20.10.2021, 29.03.2022, 09.04.2022 and 07.04.2022 by recording that their activities are prejudicial to the security of the State.
The orders of detention of these detenues were quashed by Justice Sanjay Dhar and Justice Moksha Kazmi separately. Court said the failure on the part of the Detaining Authority to supply the entire material to the detenues renders the detention order illegal and unsustainable under law.
Court has also said that the authorities were under bounden duty to dispose of the representation within a reasonable dispatch and convey the outcome of the same to the detenue at an earliest and the respondents have slept over the matter and have not decided the representation as on date.
Court in case of detenue-Qadir said there is unexplained delay on the part of the Government in deciding the representation of the detenue and the fact that all the material relied upon by the Detaining Authority has not been provided to him, thus, this has resulted in infraction of the detenue’s rights and this also vitiates the order of detention.
Court in case of detenue-Dar said, there should be no slackness, indifference and callous attitude in consideration of the representation of the persons who are detained. “Any unexplained delay would be breach of constitutional imperative and it would render the continued detention of the detenu as illegal. Each day’s delay in dealing with the representation has to be explained and the explanation offered must be reasonably indicating that there was no slackness or indifference”, reads the judgment.
Dealing with the case of detenue-Sualiah court said, there is no mention of the particulars of the places and the identity of the terrorists, with whom the detenue is alleged to have been in touch. The particulars of the period when the detenue is alleged to have been in touch with the terrorists are also not mentioned in the grounds of detention. Thus, the grounds, being vague and lacking in material particulars.
“Viewed thus, these petitions are allowed and the impugned orders of detention are quashed. The detenues are directed to be released from the preventive custody forthwith provided they are not required in connection with any other case”, Court concluded.
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