Excelsior Correspondent
Srinagar, July 19: High Court has quashed the detention of a person under Public Safety Act and directed the jail authorities to release him.
Justice Ali Mohammad Magrey while quashing the detention of detenu- Shaheen Ahmad of Shangpora, Zainapora, District Shopian issued by District Magistrate Shopian said, records produced does not contain anything as would suggest that there were compelling reasons for the respondents for keeping the detenu in preventive custody and the ordinary law was not sufficient to take care of his alleged subversive activities.
Court has been informed that the detenu has been prevented from making an effective representation against his detention as he was not supplied the dossier and the other allied material and has, as such, been deprived of an important constitutional right, and that the detaining authority did not apply his mind while passing the detention order and has not revealed as to on what materials he assumed subjective satisfaction regarding necessity of having the subject detained when the detenu was in police custody in connection with case FIR no. 53/2016 and 54/2016 of Zainapora police station.
It was argued that there was no plausible explanation for three years long delay for detaining the detenu in preventive custody for a case registered three years back and there is no justification given as to why the ordinary law was not sufficient for taking care of his activities.
Court viewed that there must have been some additional material adverted to and considered by the Detaining Authority in arriving at a conclusion that the ordinary law was not enough for deterring the detenu from indulging in the alleged subversive activities, registered against the detenu three years back where no bail has even been granted to him and that being unavailable in the instant case renders the impugned order as bad in law.
“Nowhere do the respondents state that from the year of registration of FIR 53/2016 & 54/2016, till the year of issuance of impugned order i.e. 2019, the detenu has indulged in activities that additionally constituted to commission of offence which compelled the Detaining Authority to issue the impugned order”, Justice Magrey said.
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