Excelsior Correspondent
JAMMU, Aug 10: The High Court has quashed the detention under Public Safety Act (PSA) of Akshay Sharma with the direction to the respondent to release the petitioner forthwith if he is not required in any other case.
Advocate Deepak Mahajan appearing for the petitioner submitted before Justice Rajnesh Oswal that the order of detention was passed when the petitioner was already in judicial custody in FIR No. 148/2022 dated 03.09.2022 registered with Police Station, Bishnah and no compelling reasons have been mentioned in the Police dossier, detention order and grounds of detention by the Detaining Authority for detaining the petitioner when he was already in judicial custody.
It was further submitted that order of detention is the verbatim reproduction of the Police dossier which clearly shows non application of mind on the part of the Detaining Authority, which has not even taken note of the present status of the false and frivolous FIRs registered against the petitioner.
However, Deputy Advocate General Vishal Bharti appearing for the UT of J&K and others submitted that petitioner has created an atmosphere of lawlessness in district Samba as eight FIRs have been registered against him under various sections of the Indian Penal Code in a short span of time from the year 2000-2022 and taking in to consideration the illegal activities of the petitioner, the order of detention was passed.
After hearing both the sides, Justice Rajnesh Oswal observed, “there are not even cosmetic changes made in the order of detention and the grounds of detention are in fact replica of the dossier, which clearly shows the non-application of mind on the part of respondent”, adding “in fact, the execution of PSA warrant reveals that the custody of the petitioner was taken from Police Station, Samba on 07.10.2022 at about 1530 hours. In yet another execution report of PSA warrant, it is revealed that the custody of the petitioner was taken over from District Jail premises on 06.10.2022”.
“Though both the warrants are contradictory leading to the confusion about the date of execution of warrant but it is evident that the petitioner was already under judicial remand when the order of detention was passed”, High Court said, adding “there is no denial of the settled position of law that a person involved in a criminal case can be detained under the provisions of preventive detention laws, but there must be compelling circumstances for doing so otherwise the order of detention becomes unsustainable”.
With these observations, High Court said, “the order of detention bearing No. 05/PSA of 2022 dated 03.10.2022 passed by the respondent No. 2 is not sustainable in the eyes of law and accordingly, the same is quashed”, adding “the petitioner be released forthwith, provided he is not required in any other case”.
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