Excelsior Correspondent
Srinagar, Feb 9: High Court today quashed two detention orders with the direction to release the detenues from preventive custody and upheld the one detention order under Public Safety Act by observing that one ground is enough to sustain the legality of detention order.
The court of Justice Tashi Rabstan and Justice D S Thakur in two separate cases while quashing the orders of detention directed the authorities to release both the detenues from the preventive custody. The detenues who have been ordered to be released are Mohammad Yaseen Sheikh from Channapora Srinagar and Suhail Ahmad Lone from Anantnag.
Sheikh was detained in October 20 last year by District Magistrate Srinagar while as detenue-Lone was detained by District Magistrate Anantnag on August 3 last year as well in order to prevent both the detenues from acting in any manner prejudicial to the maintenance of security of the state.
Court from perusal of the detention record of detenue-Sheikh said that PSA warrant against the detenue consisting of one leaf, notice one leaf, grounds of detention two leaves, in total four leaves were read over and explained to the detenue in Urdu/Kashmiri languages which he understood fully.
However, the execution report is silent with respect to supplying dossier to the detenue, which as per the impugned detention order has been relied upon by the detaining authority. “Non-supplying of the document to the detenue which has been relied upon by the detaining authority while issuing the impugned detention order is clearly in violation of mandate of the provisions of the Public Safety Act. Thus, the detention order is required to be set aside on this ground only. Therefore, the petition is allowed and the detention order is quashed. Respondents are directed to release the detenue forthwith, provided he is not required in connection with any other case”, Court directed.
In case of detenue-Lone court said there is no murmur made in the grounds of detention as to why and when the petitioner was already under arrest, it had become necessary to issue the order impugned, ordering his detention in terms of Section 8 of the Act of 1978.
Justice Tashi upheld the detention of detenue Tanveer Ahmad Malik of Dooru Anantnag. He was detained by District Magistrate Anantnag by order dated 13.8.2021 and was directed to be lodged in Central Jail Kotbhalwal, Jammu.
Court said, if one looks at the acts, the J&K Public Safety Act, 1978, is designed for, is to prevent, they are all these acts that are prejudicial to security of the State or maintenance of public order. The acts, indulged in by persons, who act in concert with other persons and quite often such activity has national level ramifications.
These acts, court said, are preceded by a good amount of planning and organisation by the set of people fascinated in tumultuousness and they are not like ordinary law and order crimes. “In other words, it is not necessary that there should be multiplicity of grounds for making or sustaining an order of detention. Recently, the same views and principles have been reiterated by the Supreme Court For the reasons discussed, the petition fails and is, accordingly, dismissed”, reads the judgment.
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