The High Court today quashed eight Public Safety Acts (PSAs) and directed the jail authorities to release them from preventive custody.
Justice Moksha Khajuria Kazmi has quashed three PSAs of Waqar Ahmad Ganie of Patrigam Budgam, Zahid Ahmad Lone of Akijan Shopian and Gulzar Ahmad Wani of Chowgam Chattergul Anantnag and directed the authorities to release them from the custody forthwith. The trio was detained by the concerned District Magistrates on 25 June 2022, 09 March 2022 and 03 June 2021 respectively.
Justice Kazmi while quashing the PSAs said the non-consideration of the representation constitutes a violation of the Constitutional right, guaranteed under Article 22 of the Constitution which depicts the failure of the government to discharge its function.
“It may not be out of place to mention here that grounds of detention do not reflect the date and year of the activities alleged against the detenu for which he has been put under preventive detention, as such, are vague and unsustainable” the court recorded.
“In the instant case, the manner in which the grounds of detention and the impugned order of detention have been framed clearly reflects a state of uncertainty on the part of the Detaining Authority while recording its satisfaction. This renders the impugned order of detention unsustainable in law,” it recorded.
Justice M A Chowdhary has quashed the detention orders of Rameez Raja of Khrew Pulwama, Mohammad Rafiq Rather of Rainwari Srinagar, Shah-e-Jahan Pandith of Karimabad Pulwama and Danish Maqbool Sheikh of Padshahibagh Srinagar who were detained on 18 October 2021, 29 January 2022 and 09 December 2021 respectively by District Magistrates of Pulwama and Srinagar.
Justice Chowdhary said that the authorities including Jail Superintendents are directed to release the detenu forthwith, provided they are not required in any other case. “In the present case, the procedural requirements, as discoursed and noted above, have not been followed and complied with by respondents in letter and spirit and as a corollary thereof, petition requires to be allowed”, read the judgment.
“There is nothing like an execution report and receipt of grounds of detention on the record to suggest that the whole material relied upon to base detention has been furnished to the detenu, so as to make an effective representation. The failure on the part of the detaining authority to supply material renders detention illegal and unsustainable”, Justice Chowdhary said.
Justice Sanjay Dhar while dealing with the petition of Mohammad Shafi Bhat of Sopore Baramulla who was detained on 09 November 2021 said the petitioner has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board, as a result, whereof his case has been considered by the Advisory Board in the absence of his representation, as is clear from the detention record as such quashed the same with the direction to release him from the custody, reads the report.
