Excelsior Correspondent
SRINAGAR, Aug 6: High Court today quashed the detention under Public Safety Act citing it has been passed on the basis of dossier of police and directed release of detenue from the preventive custody.
“Viewed thus, in the context what has been observed, analyzed and considered in the preceding paragraphs, instant petition is allowed and consequent to which the impugned order of detention bearing No.17/DMS/PSA/2019 dated 06.08.2019, is quashed, with the direction to the respondents to release the detenu forthwith from preventive custody unless required in any other case”, Justice Javed Iqbal Wani directed.
Court on perusal of impugned detention order said, it is on the basis of dossier placed before detaining authority by Senior Superintendent of Police, Shopian, detaining authority was satisfied that with a view to prevent detenu from acting in any manner prejudicial to the security of the State/ Country.
Court said, it was necessary to detain detenu under necessary provisions of law but it is on the basis of dossier and other connected material/documents that impugned detention order has been passed by detaining authority.
Grounds of detention, court added, when looked into, gives reference of two FIRs to have been registered against detenu. Involvement of detenu in aforesaid cases appears to have weighed with detaining authority, while making detention order.
“The detention record, as noted above, does not indicate that copies of statements recorded under Section 161 Cr.P.C. in above FIRs and other material collected in connection with investigation of aforesaid cases, was ever supplied to detenu; even copy dossier has not been furnished to detenu on the edifice thereof, impugned detention order has been issued”, reads the judgment.
Detenue- Salman Ahmad Dar was detained under detention order No. 17/DMS/PSA/2019 dated 06.08.2019 passed by the District Magistrate Shopian. He was arrested in the month of August 2019, after being summoned to Police Station Shopian, and FIR No. 123/2019 was registered at Police Station Shopian and while being in custody therein the said FIR, he came to be detained under preventive custody by the respondents in terms of impugned order and lodged at Central Jail, Srinagar.
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