Excelsior Correspondent
Srinagar, Dec 12: High Court has quashed the detention orders of two detenues and directed the authorities to release them from the custody provided they are not required in any other case.
The detention Order no.DMB/PSA/20 of 2019 dated 01.04.2019 and Order No.22/DMK/PSA/2019 dated 27.05.2019 were passed by the District Magistrate, Budgam and District Magistrate Kulgam respectively for placing one Fayaz Ahmad Paul son of Abdul Gaffar Paul resident of Ompora Budgam and Sajad Ahmad Tantray son of Late Mohd Maqbool Tantray resident of Shirpora Frisal Yaripora District Kulgam under preventive detention, on the various grounds.
The court while applying the Supreme Court ruling said the grounds of detention do not mention that the detaining authority is aware of the fact that the detenu had already been released on bail by the court competent jurisdiction at the time of making the order of detention.
“I find that in the present case the detaining authority has not drawn subjective satisfaction about the detention of the detenu. There is no mention of the fact that the detenu has applied for bail in the criminal case against him nor is there any satisfaction that detenu has been enlarged on bail. This indicates a total absence of application of mind on the part of detaining authority while passing the order of detention. In that view of matter, the impugned detention order is vitiated”, High Court said.
Court while referring the principles of Apex Court said, no doubt the offences alleged to have been committed by detenu are such as to attract punishment under the prevailing laws but that has to be done under the prevalent laws and taking recourse to preventive detention laws would not be warranted.
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