Excelsior Correspondent
Srinagar, Jan 3: High Court today quashed 3 detention orders passed under Public Safety Act (PSA) including an advocate and directed the authorities to release the detenues.
Justice Sanjay Dhar and Justice Moksha Kazmi quashed the PSA of Javed Ahmad Beigh, advocate Mian Muzaffar and Zahid Nissar Hajam. They were detained by the respective District Magistrates on 24.01.2023, 13.07.2024 and 17.07.2023.
“The grounds of detention and the dossier, if in similar language, go on to show that there has been non-application of mind on the part of the Detaining Authority. The similarity of contents of grounds of detention and police dossier in the instant case clearly exhibits mechanical functioning of the detaining authority, thereby making the impugned order of detention unsustainable in law”, Justice Dhar said in detenue-Beigh’s case.
Justice Kazmi while quashing the detention of advocate Muzaffer said that the detenue has to be informed, not only of the inferences of the fact but of all the factual material which have led to the inference of fact. “If the detenue is not informed about his right as enshrined in the Constitution, the opportunity granted by the Constitution itself becomes an exercise in futility if not a nullity”, read the judgment.
The court said that the relevant material was not supplied to the family of the detenue-Muzaffer or to him even on their request, which was essential for making an effective representation. This question of law thus is also answered in negative.
“Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law”, the court said and allowed all the three petition by quashing the detention orders challenged therein with the direction to the authorities to release them from the custody forthwith provided they are not required in any other case.
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