Excelsior Correspondent
Srinagar, Dec 30: High Court today quashed the detention of a person under Public Safety Act by recording that it has been passed for twin activity and depicts non-application of mind by the detaining authority as such directed the authorities to release him forthwith from the custody.
Justice Tashi Rabstan quashed the detention order passed by District Magistrate Shopian on August 10, 2019 against one Parvaiz Ahmad Kuchay of Bongam Shopian on the ground that the order of detention by detaining authority is without application of mind.
Justice Tashi said the detaining authority while passing the detention order has made use of two expression viz ‘prejudicial of security of the State’ and ‘prejudicial to maintenance of public order’.
“Thus the detention order has been passed for twin activity and depicts non-application of mind on part of the detaining authority and the respondents have not replied to that in their objections as such the reliance on both the bases in the grounds of detention is to be held illegal one and as a corollary there impugned order is vitiated”, Justice Tashi recorded.
Court on two expression given by the detaining authority for passing detention order against the detenu said that every public order if disturbed, must lead to public disorder but every breach of the peace does not lead to public disorder.
Court further added that disorder is no doubt prevented by the maintenance of law and order also but disorder is a broad spectrum which includes at one end small disturbances and at the other the most serious and cataclysmic happenings.
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