Excelsior Correspondent
JAMMU, Oct 17: High Court has quashed the detention under PSA of Parvaiz Ahmed Wagey, an alleged OGW of LeT.
While quashing the detention order, Justice Rajnesh Oswal observed, “in the grounds of detention, the reason mentioned for detaining the petitioner is that in view of the ensuing Shri Amarnathji Yatra, it would be risky to keep the petitioner out. Except reference to FIR No.239/2016, there is no mention of specific details of the illegal activities wherein the petitioner has indulged”.
“The impugned order of detention is sheer non-application of mind on the part of the detaining authority and the petitioner is right in contending that on the basis of vague allegations, no effective representation could have been made against the order of detention. On this ground only, the order of detention is required to be quashed. In almost identical grounds, a Coordinate Bench of this court has quashed the order of detention”, High Court said.
“The cause shown by the respondents that it would be risky to keep the petitioner out in view of Shri Amarnathji Yatra in the year 2022, is no more in existence, as even Amarnathji Yatra for the year 2023 is also over as such the impugned detention order is not sustainable in the eyes of law and is, accordingly, quashed”, High Court said and directed the respondents to release the petitioner from the preventive detention forthwith, provided he is not involved in any other case.
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