Excelsior Correspondent
SRINAGAR, May 1: Justice Sanjeev Kumar of J&K High Court while deciding two different petitions, quashed the detention order of Gulzar Ahmad Parray and Rayees Ahmad Hakak who were booked by the Administration under preventive detention.
In the petition filed by Rayees Ahmad Hakak seeking quashing of detention Order in this regard issued by Divisional Commissioner, Kashmir, whereby petitioner has been put under preventive detention with a view to refrain him from committing any act within the meaning of Illicit trafficking in Narcotic Drugs and Psychotropic Substances Act and for maintenance of public order.
Justice Sanjeev Kumar after hearing both the sides observed that the order of detention does not survive the judicial scrutiny for more than one reason. From the grounds of detention, it transpires that the opinion of the detaining authority clearly oscillates between the activities of the detenue relating to illicit trafficking of drugs and those having potential of disturbing public Order.
In another petition filed by Ghulam Rasool Parray challenging his detention ordered by District Magistrate, Budgam, who has been put under preventive detention with a view to preventing him from acting in any manner prejudicial to the security of the State.
Justice Sanjeev Kumar after hearing both the sides observed that the detention of the petitioner is not sustainable in law for more than one reason. From perusal of grounds of detention, it clearly transpires that the petitioner has been put under preventive detention primarily for his involvement in two FIRs. The Court observed that so far as FIR No.131/2004 is concerned the petitioner has placed on record judgment of acquittal dated 21st of February, 2009, passed by Sessions Judge, Budgam. Apart from the fact that the allegations contained in FIR registered in the year 2004 are too stale to establish any proximate link with his detention, the detaining authority has shown complete ignorance that the petitioner stood acquitted in the aforesaid FIR on 21st of February, 2009. “I am not sure that had this fact been brought by the police to the notice of the detaining authority, what impact it would have made on the subjective satisfaction of the detaining authority but suffice it to say that by not placing this relevant information before the detaining authority, it has been deprived of the relevant material which it ought to have taken into consideration for deriving subjective satisfaction.
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