HC orders release of 2 PSA detainees

In their separate pleas the two detainees had challenged the detention orders through advocate Wajid Haseeb and G N Shaheen
GK File Photo of J&K High Court Srinagar
GK File Photo of J&K High Court SrinagarPhoto: Mubashir Khan

Srinagar, May 31: Jammu and Kashmir High Court has quashed detention of two persons who were booked under Public Safety Act last year.

While quashing their detention orders, a bench of Justice Ali Muhammad Magrey directed the government to release forthwith from preventive custody Rameez Ahmad Malla of north Kashmir’s Wattergam Rafiabad and Manzoor Ahmed Khan alias Mana Khan from central Kashmir’s Tehsil Khansahib.

Malla was booked under PSA in terms of an order dated 14.02.2020 passed by District Magistrate Baramulla while Khan was detained by virtue of an order passed by District Magistrate Budgam on August 29 last year.

In their separate pleas the two detainees had challenged the detention orders through advocate Wajid Haseeb and G N Shaheen.

Quashing the detention of Malla, the court observed that at the time of passing of the detention order the detaining authority was not aware whether the detenue was in police or judicial custody or he stood released on bail.

“It is difficult for me to say as to what impact it would have made on the satisfaction of the detaining authority but it cannot be denied that it was a relevant information that was required to be produced before the detaining authority to enable it to derive subjective satisfaction with regard to necessity of placing the petitioner under preventive detention,” read Justice Magrey’s order.

Pointing that the non-application of mind by the detaining authority was fatal and went to the root of the detention, the court said the same was, therefore, sufficient to vitiate the order of detention. “For that reason, there is hardly any necessity to consider other grounds of challenge urged by the counsel for the petitioner”.

The Court asked its Registrar Judicial to send a copy of this order to the Principal Secretary to Director General of Prisons and also concerned Jail authorities for compliance.

While scraping detention of Khan, the court said the detenue was not supplied the materials relied upon by the detaining authority. “The detenue was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention.” On this count alone, the court said, the detention of the detenue was vitiated as he was prevented from making an effective and purposeful representation against the order of detention.

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