HC quashes 5 PSAs, orders release of detenues

Srinagar, July 23: High Court today quashed five detention orders passed under Public Safety Act and directed release of detenues.

Justice Sanjay Dhar quashed PSAs of Majid Mohammad Rather, Shakir Ahmad Thoker, Tajamul Islam, Amir Rashid Dar and Abdul Hameed Khan.

They were detained under the orders issued by the District Magistrates of Kulgam, Shopian and Bandipora respectively so as to prevent them from acting in any manner prejudicial to security of the UT/country.

“From the perusal of material/record before me, it is clear that the detenue has been shown involved in heinous substantive offences.

When it is so, the Detaining Authority was bound to record the compelling reasons as to why the detenue could not be deterred from indulging in subversive activities by resorting to normal law.

No such reasons have been recorded in the grounds of detention. The impugned order of detention, therefore, cannot be sustained”, Justice Dhar said while quashing the PSA of detenue-Rather.

The court in detenue-Thokar’s case said the failure on the part of detaining authority to supply the material of detention records to the detenue renders the detention order illegal and unsustainable in law.

While dealing with the case of detenue-Islam, court said, the detention record does not suggest that the representation of detenue has either been considered by the Government or placed before the Advisory Board as such the non-consideration or an unreasonably belated consideration of the representation indisputably amounts to violation of constitutional safeguards provided by the provisions of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.

“Obviously, the petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board. Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law”, Court recorded in detenu-Dar’s case.

In detenue-Khan’s case, court has been informed that the grounds of detention are replica of dossier with interplay of some words here and there, which exhibits non-application of mind on the part of detaining authority. In the process, the deriving of subjective satisfaction has become a causality. While formulating the grounds of detention, the Detaining Authority has to apply its own mind.