Excelsior Correspondent
Srinagar, Mar 12 : High Court has quashed detention orders of three persons including two Over Ground Worker (OGWs) under Public Safety Act and directed their release.
Justice Sanjay Dhar quashed the PSA of Shabir Ahmad Teli, Aqib Maqbool Lone and Asif Ahmad Dar residents of Banglow Bagh, Baramulla, Koil Tehsil Pulwama and Ratnipora Pulwama.
Teli was detained on 09.04.2022 while as Lone was detained on 12.04.2022 and Dar was detained on 19.05.2022 respectively by the concerned District Magistrates citing that they are being taken into preventive custody in order to prevent them from acting in any manner prejudicial to the security of the State.
The respondents in detenue-Teli’s case submitted that he has been involved in secessionist activities and was working as OGW of the militant organizations like Lashkar-e-Taiba (LeT) and The Resistance Front (TRF).
Justice Dhar while terming his PSA as bad in law, said there is no dispute to the fact that the detenue was in custody undergoing trial in the FIR which has been referred by the authorities on passing his PSA.
“The detention record produced by the respondents does not even suggest that the petitioner had been admitted to bail. In fact the petitioner has categorically averred in the petition that he had not even applied for grant of bail”, court added.
Court said that he was in custody at the time when the impugned order of detention was passed and there was no likelihood of his getting bail having regard to the nature of offences for which he was facing trial and in fact he had not even approached the trial court for grant of bail and the Detaining Authority has not even expressed its apprehension that the petitioner is likely to get bail, while recording the grounds of detention. Therefore, there were no compelling circumstances available to the Detaining Authority for passing the impugned order of detention.
In case of detenue-Dar respondents stated that he is highly motivated and along with accomplices, he has been carrying out subversive activities and exhorting the people to follow the agenda of militants and separatists. As per the grounds of detention, the petitioner is an Over Ground Worker of banned organization Lashkar-e-Taiba.
Justice Dhar while quashing his PSA said, it is not mentioned, as to whom he is extending his cooperation and, who are his accomplices, with whose assistance, he is carrying out subversive activities. “The particulars of places and period are also missing in the grounds of detention. On the basis of these vague allegations made in the grounds of detention, it was not possible to the petitioner to make an effective representation against the impugned order of detention”.
In detenue-Lone’s case, court said the Detaining Authority has not carefully gone through the dossier submitted before it by the agency and passed the impugned order of detention in a mechanical manner and the functioning of the Detaining Authority smacks of total non-application of mind, which renders his subjective satisfaction a casualty. “On this ground alone, the impugned order of detention is liable to be quashed”.
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