Excelsior Correspondent
Srinagar, Feb 5: High Court has quashed two detention orders passed under Public Safety Act and directed release of both the detenues from preventive custody.
Justice Sanjeev Kumar while quashing detention orders of detenues Javaid Ahmad Najar and Musaib Ashraf Bangroo directed the jail authorities to release them from the preventive custody. Justice Kumar in detenu Najar’s case said the detention passed against him has outlived its life as such the detenue-Najar is entitled to release from preventive detention forthwith.
“As already taken note of, the Government has confirmed the detention of the petitioner initially for a period of six months, which is perfectly legal and falls within the four corners of law. However, it is provided that in case the Government has not extended the detention of the petitioner beyond 25th December, 2021, the impugned detention order would be deemed to have outlived its life and the petitioner would be entitled to release from preventive detention forthwith”, Justice Kumar recorded.
The detenue-Najar was put under preventive detention on 26.06.2021 and, therefore, the initial period of detention of six months has expired on 25.12.2021 as such the detention has outlived its life. Court said there was otherwise no merit in the petition in view of the allegation against the detenue-Najar as indicated in the grounds of detention and his persistent involvement in subversive activities aimed at jeopardizing the security of the State.
“I am of the considered view that no fault can be found with the satisfaction arrived at by the Detaining Authority, for, the petitioner deserves to be put under preventive detention with a view to prevent him from indulging in such activities. The procedural formalities, as are envisaged under the Jammu & Kashmir Public Safety Act have been scrupulously followed”, Justice Kumar recorded.
While dealing with the detention of detenue-Musaib Ashraf Bangroo, Justice Kumar said the non-consideration of representation of detenue-Bangroo constitutes violation of constitutional rights of the detenue. “ I am of the view that non-consideration of the detenu’s representation constitutes violation of the constitutional right given under Article 22 of the Constitution and failure of the Government to discharge its statutory function. Therefore, for this reason alone, writ petition must succeed. Accordingly, the writ petition is allowed and the impugned detention order dated 20.10.2021 is quashed”, Court concluded.
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