HC quashes Ganderbal man’s PSA detention

Srinagar, Oct 15: The High Court of J&K and Ladakh has ordered the release of a man from Central Kashmir’s Ganderbal district while quashing his detention under the Public Safety Act (PSA).

A bench of Justice Puneet Gupta quashed the detention order dated 10.08.2023, issued by the District Magistrate of Ganderbal against Arshid Ahmad Khan, and ordered his release from custody, provided he was not required in any other case.

The court observed that a bare perusal of the detention order revealed that the activities mentioned in the order, related to the anticipated future actions of the petitioner, were not based on any tangible record.

The court noted that it was incumbent upon the Detaining Authority to have applied its mind independently after reviewing all the material supplied to them, and then to have arrived at a conclusion.

“In the present case, the detaining authority has passed the order in a casual manner,” it stated, adding that the authority had simply reiterated whatever had been written in the dossier.

While the court pointed out that the recommendation of the SSP, Ganderbal, in the dossier was the sole reason for issuing the detention order, it remarked: “The court is at a loss to find a word of satisfaction from the District Magistrate in the grounds of detention.”

The court deemed the impugned order illegal on this count.

The court underscored that the detenu had recently been granted bail and that the authorities ought to have exercised their right to seek cancellation of the bail by approaching a higher forum.

“The respondents have not availed themselves of this remedy and instead issued the order of detention.”

However, the court disagreed with Khan's contention that he had been deprived of his right to make an effective and purposeful representation under the provisions of the PSA, deeming this argument “untenable.”

Allowing the habeas corpus petition, the court concluded that the detention order was not sustainable in the eyes of the law and accordingly quashed it.