Excelsior Correspondent
Srinagar, Mar 9: High Court has quashed the detention order of Kathua man with the direction of his release from custody, citing that the detaining authority cannot on mere apprehensions detain him under Public Safety Act.
Justice Puneet Gupta while quashing the detention of one Ashwani Kumar directed the authorities to release him forthwith provided he is not required in any other case. Kumar was detained under PSA on October 2020 by District Magistrate Kathua citing that the activities of detenu have been found to be detrimental to the maintenance of public order
Justice Gupta said the power of preventive detention is a precautionary measure and different from punitive detention as is aptly observed by the apex court also and recorded that the instant case in light of proposition of law is required to be scrutinized and dealt with by the court.
The HC said the court is at loss to know the satisfaction recorded of his own by the detaining authority in the detention order and not just subscribing to the contents of the dossier prepared by the Senior Superintendent of Police.
“The non-application of mind is writ large from the order passed in the case and this aspect of the matter also reflects the routine manner in which the detention orders are passed”, reads the judgment.
Court added that the dossier reveals that the detenu is in police custody under Excise Act and likelihood of the detenu getting bail from the court any time but in grounds of detention there is no mention that he has applied for bail and be bailed out in near future.
On this assumption court recorded that the authority cannot anticipate that the petitioner will apply for fail and will be held entitled to bail by the court. “In the absence of any record on the file that the detenu has applied for bail before the court of law and ground of detention of the likelihood of detenu being bailed out cannot sustain”, Justice Gupta concluded.
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