Excelsior Correspondent
JAMMU, Nov 8: The High Court of J&K and Ladakh at Srinagar has ordered the release of an accused held under J&K Public Safety Act (PSA) for pelting stones on a police party.
The petition filed by Ghulam Nabi Bhat, father of the accused Sajad Ahmad Bhat resident of Mandakpal Khrew, Pampore, Pulwama contended that the accused was arrested by security forces without any justification and was picked from his home and was then detained under PSA and lodged in Central Jail Srinagar.
As per the case on May 6, 2020 an FIR no. 17/2020 was registered against the accused for pelting stones on a police party while it was passing through Sharshali Haj Mohalla, Khrew and in this way the cops were prevented from discharging their lawful duty regarding which an FIR with number 17/2020 was registered under Sections 147, 148, 336 and 427 IPC against the accused at Police Station Khrew in which he was granted bail.
The petitioner challenged the legality and validity of the detention order number 15/DMP/PSA/20 dated 13.07.2020 issued by respondent (District Magistrate Pulwama) whereby the accused has been detained under Section 8 of the J&K PSA, 1978.
The petitioner contended that the Detaining Authority has passed the detention order mechanically without application of mind and the Constitutional and Statutory Procedural Safeguards have not been followed in the case.
After listening to the arguments of both sides, the Judge Wasim Sadiq Nargal said that the detention order was issued way back on 13.07.2020 and was approved on 21.07.2020 but the same was executed on 19.03.2022 and the date of receipt of the grounds of detention is 19.03.2022.
“Since there is delay of almost two years in executing the order of detention and the respondents have failed to explain satisfactorily the delay in executing the detention order and accordingly, in the present case, the subjective satisfaction gets vitiated,” he further said.
The Judge also said that for the reason aforementioned, the petition is allowed and the impugned order of detention bearing no. 15/DMP/PSA/20 dated 13/07/2020 issued by District Magistrate Pulwama is quashed.
“The detenue, Sajad Ahmad Bhat is ordered to be released from the preventive custody provided he is not required in connection with any other case,” Judge Wasim Sadiq Nargal maintained.
Trending Now
E-Paper
Follow our WhatsApp channel