Srinagar: The High Court (HC) Monday directed the government to release a man from south Kashmir’s Shopian district from preventive custody immediately while quashing his detention under the Public Safety Act (PSA).
Quashing the detention order dated 10 August 2019 by the District Magistrate, Shopian against one Shaheen Ahmad Parray of ShangporaZainpora, a bench of Justice Ali Muhammad Magrey directed the government to release him from preventive custody forthwith.
In his habeas corpus plea challenging the detention order Parray through his counsel Syed SajadGeelani said that he was detained in terms of the order issued by the District Magistrate, Shopian under the PSA on 10 August 2019 and lodged in Central Jail, Srinagar, when he was already in custody.
He submitted that he had been arrested on 4 August 2019 in connection with the FIRs of 2016 and had not applied for bail.
He stated that his preventive detention was uncalled for as he was in Police custody when the detention order was issued.
“I am of the considered view that there must have been some additional material adverted to and considered by the detaining authority in arriving at a conclusion that the ordinary law was not enough for deterring the detainee from indulging in the alleged subversive activities, registered against the detainee three years back where no bail has even been granted to him and that being unavailable in the instant case renders the impugned order as bad in law,” Justice Magrey said in his judgment.