Excelsior Correspondent
Srinagar, May 22: High Court has taken serious note of not releasing the detenue from custody despite quashing the detention order and directed the District Magistrate Baramulla to produce the detenue before the court.
Justice Rahul Bhati recorded that a very disturbing scenario has been presented before the Court which cannot be left to be dealt with in a routine manner except at the cost of undermining the Rule of Law which is meant to govern and is governing this Country irrespective of place or region.
The petition has been presented by the Muzamil Manzoor through his father aggrieved of the fact that notwithstanding quashment of his preventive detention in terms of an Order dated 11.02.2022 passed by the Court, he has not yet earned release of his person and restoration of his liberty from illegal confinement at the hands of the respondents.
Justice Bharti on perusal of the quashment order dated 11.02.2022 which reveals that the preventive detention order dated 17.08.2022 passed by the District Magistrate, Baramulla under Section 8(a) of the J&K Public Safety Act, 1978 with respect to the detenue’s preventive detention came to be quashed by holding the very said order suffering from non-application of mind on the part of the District Magistrate, Baramulla.
The quashment of the preventive detention order of the detenue earned a consequent direction from the Court unto the respondents to release him forthwith if not required in any other case.
In terms and furtherance of the detention order, the detention place of the petitioner was first in District Jail Jammu, and then to Central Jail, Agra where he is reported to be still in detention notwithstanding the quashment of the detention order in terms of the said order of this Court.
Justice Bharti after these facts said prima facie case is made out of serious violation of the fundamental right of the detenue as guaranteed under Article 21 of the Constitution of India.
Court issued notice to District Magistrate, Baramulla with the direction remain present before court on next date of hearing and also produce the detenue-Muzamil before the Court on the next date of hearing.
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