HC quashes PSA detention of 2 persons

 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: The High Court Monday ordered the release of two persons while quashing their detention under the Public Safety Act (PSA).

Allowing their separately filed habeas corpus petitions, a bench of Justice Sanjay Dhar quashed the detention of Shabir Ahmad Ganie of Laktipora Arwani, Bijbehara, Anantnag, and Imtiyaz Ahmad Chikla of Srinagar.

The court directed the government to release the two detainees from preventive custody if they were not involved in other offenses.

While Ganie was booked under PSA by an order issued by District Magistrate Anantnag on May 28, 2021, Chilka was detained in terms of an order passed by District Magistrate, Srinagar on February 22, 2021.

Quashing the detention of Ganie, the court said: “The detaining authority has not meticulously examined the record while passing the impugned order of detention which renders it unsustainable in law.”

Quashing the detention of Chilka, the court said, “It is clear that an order of preventive detention becomes unsustainable in law if the detainee has not been provided with all the material that has formed the basis of his detention.”

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