Excelsior Correspondent
JAMMU, Mar 20: High Court has quashed the detention of one Bunny Gupta under the Public Safety Act and directed the respondents to release him forthwith provided he is not required in any other case.
While quashing detention order passed by District Magistrate Jammu, Justice Sanjeev Kumar, after hearing Advocate Anmol Sharma, observed, “it is not only surprising but shocking to note that the District Magistrate, Jammu, who while passing the impugned order of detention, which resulted in curtailing the liberty of the detenue, has conveniently shifted the burden of defending its order on the Senior Superintendent of Police”.
“Filing of the reply affidavit by the Senior Superintendent of Police in reference of detention order clearly substantiates the allegation of the detenue that there was no independent application of mind by the detaining authority and that the detention order was passed only at the behest of police”, High Court said, adding “more astonishing it is to note that despite direction passed on 31.10.2019, the complete detention record was also not made available to the court to find out as to whether the rigors of detention law as contained in the J&K Public Safety Act, 1978 have been strictly followed by the detaining authority or not”.
Justice Sanjeev Kumar further observed, “there is nothing before me to find out as to whether the order of detention was ever approved by the Government and there is nothing placed on record to indicate as to whether the case of the detenue was placed before the Advisory Board or not and if placed, what was the opinion of the Advisory Board”.
“The callousness with which liberty of a citizen has been curtailed coupled with manner in which the order of detention has been sought to be defended speaks volume about the manner in which the citizens of this country are dealt with by those who are enjoined to protract the life and liberty of the citizens of this country”, High Court said.
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