Srinagar, June 30: Jammu and Kashmir High Court on Wednesday quashed detention of a man who was booked under the Public Safety Act in 2019.
While quashing the detention order, a bench of Justice Rajnesh Oswal directed the government to release Syed Imtiyaz Hyder from Budgam District from preventive custody provided he was not required in any other case.
In his habeas corpus plea, Hyder through advocate Bashir Ahmad Tak had challenged the detention order dated 29.07.2019 passed by District magistrate Budgam.
Quashing the detention order, the court said the law is well settled that if the order of detention comes to an end either by revocation or by the expiry of the period of order of detention, there must be fresh facts for passing a subsequent order of detention. “ When the detention order has been quashed by the court, the grounds of said order are not to be taken into consideration either as a whole or in part even along with the fresh grounds of detention in order to pass a fresh detention order and if such previous grounds of detention are taken into consideration while passing a fresh detention order, the order of detention will be vitiated”