High Court quashes PSA detention of 3 persons

Srinagar, July 8: The High Court of J&K and Ladakh on Monday ordered immediate release of three persons from custody while quashing their detention under Public Safety Act (PSA).

A bench of Justice Sanjay Dhar quashed the detention order the District Magistrate, Shopian had issued against Ishfaq Ahmad Dar on August 25, 2022 besides the detention orders the District Magistrate Srinagar had passed on June 27, 2022 and September 14, 2022 against Mir Nasrullah and Muhammad Ramzan Naik respectively.

“Non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law,” the court said while quashing detention order under PSA against Nasrullah of Batamaloo here.

The Court noted that on the basis of vague allegations, a detainee could not have made an effective representation against his detention. “Thus, there has been violation of safeguards provided under Article 22(5) of the Constitution of India. Therefore, the detention order is rendered illegal and unsustainable in law,” the court said in response to Naik’s plea.

The court also found force in contention of Dar that whole of the material relied upon by the detaining authority, while framing the grounds of detention, had not been supplied to him.

The Court underscored that, obviously, Dar had been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board.

“Thus, vital safeguards against arbitrary use of the law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law.”

Allowing their habeas corpus pleas, while the court quashed the detention orders against the three detainees, it directed the authorities to release the detainees from the preventive custody forthwith provided they were not required in connection with any other case.