HC quashes PSA detention of 2 persons, orders immediate release

Srinagar, Apr 24: The High Court of Jammu and Kashmir & Ladakh has ordered immediate release of 2 persons while quashing their detention under Public Safety Act (PSA).

Allowing their habeas corpus petitions, a bench of Justice M A Chowdhary quashed detention order passed by District Magistrate Pulwama on October 23 last year under PSA against Sahil Farooq Mir of Chakoora, at present Noorpora Awantipora, and the detention order against Fareed Ahmad Chouhan of Reshiwari Awoora Trehgam Kupwara passed by District Magistrate Kupwara on June 24, 2022.

“It is clear that there has to be a live and proximate link between the past conduct of the detenu and the activities alleged to be prejudicial to the maintenance of security of the state,” the Court said while quashing detention against Mir. “In the instant case, the link is completely missing as the time between the order of detention and the incident(s) referred to in the grounds of detention is far too large to presume such a link”, the Court said and directed release of the 21-year-old from the preventive custody forthwith provided if he was not required in connection with any other case.

In the case of Chouhan, the court observed that the requirement of law is that the whole of the record, on which the detention order was based, had to be made available to the detenu in the language that he understands. “There is nothing like an execution report on the record to suggest that material relied upon to base detention has been furnished to the detenu in his language, so as to make an effective representation.”

While the court underscored that failure on part of the detaining authority to supply material rendered the detention illegal and unsustainable, it directed the authorities including Jail Superintendent concerned to release the Chouhan from preventive custody forthwith provided he was not required in any other case.