SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has nullified five detention orders issued under the Public Safety Act and ordered the release of detainees from preventive custody.
The court invalidated the PSAs of Muzaffar Ahmad Rather, Asif Ahmad Lone, Bilal Ahmad Lone, Bilal Ahmad Dar, and Nazir Ahmad Sofi, who resided in Yaripora Kulgam, Rampora Bandipora, Heff Shopian, and Baramulla.
These individuals were detained by their respective District Magistrates on different dates: April 08, 2022, June 25, 2022, July 14, 2019, October 20, 2021, and February 07, 2023.
The detentions were meant to prevent actions prejudicial to the state’s security, sovereignty, and integrity.
The court stated that disregarding or unreasonably delaying consideration of the detainees’ representations constitutes non-compliance with Article 22(5) of the Constitution, rendering the detention legally unsustainable. The court also emphasised that the apprehension that keeping the detainees at large would disturb public order cannot be the sole basis for preventive detention.
The judgment declared, “A detention order based on minor offenses without significant implications cannot be justified under the pretext of maintaining public order. Therefore, the impugned order lacks legal validity.”
The court pointed out that the authorities had breached safeguards against arbitrary use of preventive detention laws, making the orders unsustainable. The judgment criticised the lack of subjective satisfaction in ordering detention without proper consideration of curbing an individual’s liberty.
Regarding the case of detenue-Rather, the court observed that the time gap between the detention order and the referred incident was too substantial to presume a link, making the detention orders untenable.
The court allowed the petitions, quashed the detention orders, and directed the authorities to immediately release the detainees from preventive custody.
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