HC quashes PSA detention of 5 persons

Srinagar, Aug 14: The High Court of J&K and Ladakh has quashed detention of five persons under Public Safety Act and ordered their immediate release from preventive custody in case they were not required in other cases.

Benches of Justice Sanjay Dhar and Justice M A Choudhary quashed the detention orders against the detainees after hearing the parties through their counsel.

   

“The apprehension of the detaining authority that the remaining of detenue at large would be detrimental to the maintenance of public order, cannot be made basis for placing the detenue under preventive detention,” a bench of Justice Sanjay Dhar said while quashing detention order of Ubaid Nazir Sofi of Baramulla.

A simple case of cheating and fraud, without having wider ramifications, the court said, cannot be made the basis of issuing the detention order in the name of maintaining the public order.

“The impugned order is, therefore, not sustainable in law,” it added.

In this way, the court quashed the detention order against Sofi and ordered his release from the preventive custody forthwith, provided he was not required in connection with any other case.

Allowing their habeas corpus petitions, the court also quashed detention orders of Asif Ahmad Lone of Gundpora Rampora Bandipora, Bilal Ahmad Dar of Baramulla, Muzaffar Ahmad Rather of Munand Yaripora Kulgam, Bilal Ahmad Lone of Mohand Mohalla, Heff Shopian.

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