Excelsior Correspondent
Srinagar, Feb 20: Non filing of reply and response by the detaining authority to the plea challenging Public Safety Act (PSA) has resulted in quashing detention of a drug peddler and the High Court directed his release.
Justice Sanjeev Kumar quashed the PSA of a detenu Tejinder Singh and directed the authority concerned to release him from the preventive custody.
“Despite several opportunities granted, including last and final opportunity, the respondents have chosen not to contest this petition by filing any reply affidavit of the Detaining Authority”, Justice Kumar recorded in his judgement.
The respondent, court added, through their counsel have produced the record of detention to justify the detention of the petitioner-Singh ordered by the Detaining Authority.
The Detaining Authority, in addition to the FIRs registered from time to time upto 2017 against the detenue had also taken note of two subsequent FIRs i.e. FIR No.60/2019 and 5/2013 to slap another detention order on him.
The court on reading of grounds of detention said, it is not discernible as to whether two subsequent FIRs alone have persuaded the Detaining Authority to issue a fresh detention order against him or it is the cumulative consideration of all the FIRs including FIRs registered against him upto 2017, which has persuaded the Detaining Authority to arrive at a subjective satisfaction that allowing him to remain at large would be detrimental to the maintenance of public order.
“The grounds of such order should not be taken into consideration either as a whole or in part even along with fresh grounds of detention for drawing the requisite subjective satisfaction to pass a fresh order”, read the judgment.
Justice Kumar also clarified that it would not be possible for the Court to segregate the grounds of detention of the quashed detention order and the fresh grounds of detention without getting into the mind of the Detaining Authority.
“I find merit in this petition and the same is, accordingly, allowed. Detention Order is quashed and the petitioner is directed to be released forthwith from preventive custody, if not required in any other case”, Court directed.
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