Excelsior Correspondent
Srinagar, Apr 3: The High Court quashed two detention orders passed under Public Safety Act and directed the authorities to release the detenues from the preventive custody.
The detention against the detenu Zubair Ahmad Laway passed by District Magistrate Kupwara on 9th August 2019 has been challenged by his father. The petitioner was arrested by police on 8th August 2019 and was sent to Central Jail Srinagar.
Justice Rajnesh Oswal while quashing the detention of Zubair said that all these three FIRs pertained to year 2016, and thereafter in the grounds of detention, there is no whisper that after the year of 2016, the petitioner has indulged in any illegal activity in the year 2017, 2018 and 2019 i.e. till the passing of detention order.
“Thus apparently there is a delay of three years in passing the order of detention. So, once there is a gap of three years in the issuance of order of detention, vis-à-vis last illegal activity attributed to the petitioner, the proximate link between the detention order and the purpose for which it has been issued is snapped. On this ground only, the order impugned is required to be quashed”, court recorded.
Dealing with the case of detenu-Bashir Ahmad Bhat, the court said there is no subjective satisfaction on the part of the detaining authority in the grounds of detention to detain him as such held the detention illegal.
“There is no reference either in the dossier or in the grounds of detention that the petitioner had preferred any bail application before the trial court. The absence of proof of any such application in grounds of detention reveal that there was virtually no subjective satisfaction on the part of the detaining authority”, Justice Oswal recorded.
“In view of the above, this petition is allowed. Detention order No. DMS/PSA/55/2019 dated 08.08.2019 is quashed. Petitioner( (detenue) be set at liberty forthwith from the preventive custody provided he is not required in any other case”, he directed.
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