Excelsior Correspondent
Srinagar, Aug 28: High Court today quashed three detention orders passed under Public Safety Act and directed the authorities to release the detenues.
The court of Justice Tashi Ragstan while setting aside the order of one Ghulam Mustafa Lone said in case of preventive detention, no offence is proved and the justification of such detention case is suspicion or reasonable probability, and there is no conviction, which can only be warranted by legal evidence.
Accoordingly, High Court quashed detention order No.271/DMB/PSA/2017 dated 11.03.2017, passed by District Magistrate, Baramulla. Respondents directed to release the detenu, namely, Ghulam Mustafa Lone son of Mohammad Ashraf Lone resident Thagund, Sopore, District Baramulla, forthwith, provided he is not required in any other case.
Court has referred the Supreme Court ruling with regard to Preventive detention, which says it is a serious invasion of personal liberty and meager safeguards that the Constitution provides against improper exercise of the power, must be zealously watched and enforced by the court.
“The failure on the part of detaining authority to supply material relied at the time of making detention order to detenu, renders detention order illegal and unsustainable”, Justice Tashi said.
The court of Justice Ramalingam Sudhakar has also quashed two detention orders and directed the authorities to set the detenues at liberty forthwith. The detention order no.13/DMA/PSA/DET/2016 dated 10.08.2016 is quashed and the respondents are directed to release the detenue Rayees Ahmad Khan son of Nissar Ahmad resident of Khan Mohalla Achabal, tehsil Anantnag, district Anantnag, forthwith, if not required in any other case”, Justice Ramalingam directed.
Justice Ramalingam also quashed the detention order of one Lateef Ahmad Kaloo son of Ghulam Nabi Kaloo resident of Syed Sahib Arampora, Sopore, district Baramulla.
Follow our WhatsApp channel