Srinagar, Aug 18: The High Court of J&K and Ladakh on Friday quashed the detention of four persons who had been booked under Public Safety Act (PSA).
Allowing their habeas corpus petitions, a bench of Justice Sanjay Dhar quashed the detention orders under the PSA against Manzoor Ahmad Ganie of Kulgam; Faizan Aijaz Mir of Srinagar; Aqib Bashir Wagay of Shopian; and Mukhtayar Ahmad Bhat of Anantnag.
The court directed the authorities to release the detainees from preventive custody forthwith, if they were not required in other cases.
While Ganie was booked in terms of an order issued by District Magistrate, Kulgam on June 25 last year, Mir was detained by virtue of an order dated February 28, 2022, passed by District Magistrate Srinagar.
Wagay was booked on April 7 last year in terms of an order issued by District Magistrate, Shopian while Bhat was booked on the basis of an order dated June 29, 2022, issued by District Magistrate Anantnag.
“It is clear that non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the constitution, which in turn renders the detention unsustainable in law. Viewed thus, the petition is allowed and the impugned order of detention is quashed. The detainee is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case,” the court said while quashing detention order of Ganie.
