The High Court on Monday quashed detention order of prominent cleric and Vice-President, Jamiat Ahlihadith, Mushtaq Ahmad Veeri who was booked under Public Safety Act in March this year.
The court over past 10 days quashed detention orders ofTariqad Tantray, Irfan Ashraf Dar and Akhter Rasool Lone, all from RebanSopore, and Ahmad Dar of Old Town Baramulla.
A bench of Justice Rashid Ali Dar quashed the detentionorders after hearing advocate Shafaqat Nazir on behalf of the detainees and thestate through its counsel.
Veeri was booked under PSA after District MagistrateAnantnag passed an order in this regardon 12 March this year.
Citing the law laid down by the Supreme Court, the benchheld that procedural requirements are to be strictly complied with if any valueis to be attached to the liberty of the subject and the constitutional rightsguaranteed to him in that regard.
Terming the order of detention passed by the DistrictMagistrate Anantnag on 12 March as invalid, the court quashed it. However it said the custody of Veeri shall beregulated in accordance with the orders as shall be passed by the court ofcompetent jurisdiction in the criminal case registered against him.
The court held that in keeping with law Veeri could not havebeen detained after taking recourse to the provisions of the Public Safety Actwhen he was already in custody of police authorities in the cases, the detailsof which were given in the grounds of detention.
His custody in police for the offences referred to in thegrounds of detention, the court said, has been converted into the custody underthe detention order under challenge.
Underscoring that the detaining authority might have beenlabouring under the belief that if the detenue applies for the bail, he maysucceed in seeking his release, the court said this apprehension of thedetaining authority however could have been guarded against by resisting andopposing the bail application.
“In the event of his release on bail, the state could haveexercised its right to knock at the doors of higher forum,” the court added.
With regard to the contention raised by the state that thedetenue can be detained preventively when he is already in custody and has notapplied for the bail, the court said: “It cuts the very root of the state act.The state could have taken recourse to ordinary law of the land”.
In March, Veeri, who hails from Veeri village of Bijbeharawas booked under PSA for allegedly preaching a “radical ideology” and”instigating youth into carrying out anti-national activities”.
He was arrested from his home on February 22 and lodged inBijbehera police station.
He was later shifted to district jail Mattan in Anantnagdistrict and thereafter to Kathua Jailin Jammu division.