Excelsior Correspondent
Srinagar, Feb 17: High Court has upheld a detention order by recording that the detenue was providing logistic support to militants and quashed other four detention orders passed under Public Safety Act and directed their release.
Justice Sanjay Dhar dismissed the plea of a detenue Ubaid Bashir of Lolab and upheld his order of detention passed by the District Magistrate Kupwara 18.3.2022. The detaining authority has submitted before the court that his activities are highly prejudicial to the maintenance of the security of the State.
Court on perusal of the record said, the detaining authority has analysed the police dossier, noted the facts mentioned in the police dossier and thereafter, framed its own subjective satisfaction to come to a conclusion that the activities of the petitioner are prejudicial to the maintenance security of the State.
“The grounds of detention are not a replica of the police dossier as has been claimed by the petitioner. It is a settled law that this Court cannot sit in an appeal and review the subjective satisfaction arrived at by the detaining authority”, reads the judgment.
Court has quashed four detention orders and directed the jail authorities to release all the detenues from the preventive custody if they are not required in any other case. These detenues are Mohammad Irfan Bhat of Kreeri Baramulla, Mohammad Altaf Sheikh of Kulgam, Manzoor Ahmad Wani of Zakura Srinagar and Mohammad Saleem Parray of Hajin Bandipora.
The Court has quashed these detention orders on the ground that the detenues were not provided with a whole detention record so as to enable them to make an effective representation before the competent authority against their orders of detention.
Court has also recorded that the grounds of detention and the dossier, if in similar language, go on to show that there has been non-application of mind on the part of the Detaining Authority. The similarity of contents of grounds of detention and police dossier in the instant case clearly exhibits mechanical functioning of the detaining authority, thereby making the impugned order of detention unsustainable in law.
“Viewed thus, these petitions are allowed and the impugned orders of detention issued by respondent are quashed. The detenues are directed to be released from the preventive custody forthwith provided they are not required in connection with any other case”, Justice Dhar directed.
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