Excelsior Correspondent
Srinagar, Feb 21: High Court today quashed four detention orders with the direction to the authorities to release the detenues from custody and upheld the PSA of an Over Ground Worker (OGW).
Justice Sanjay Dhar has quashed the detention order of Adil Siraj Misger, Moin Matoo, Shoib Ramzan Tantray and Tufail Ahmad Malik. All these detenues were detained by the District Magistrates of district Anantnag, Srinagar and Baramulla vide orders dated 01.04.2024, 12.04.2023, 12.04.2023 and 23.02.2023 with the view to prevent them from acting prejudicially to the security of the state.
“In fact, in the instant case not only once but on two earlier occasions, the Court has quashed the detention orders against the petitioner and on both these occasions, the detention orders were based on the same material as is the basis of the order of detention, impugned herein. Thus, the impugned order of detention cannot be sustained in the eyes of law”, the court said in case of Misger.
“Obviously, 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. Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law”, the court said in case of Matoo and Tantray.
The court has held the PSA of Malik as illegal on the ground that the authorities have delayed in deciding the representation of the detenue against his detention. “This slackness on the part of respondents to take a decision on the representation of the petitioner renders the impugned order of detention illegal”, court recorded.
For the foregoing reasons, the court allowed all the four petitions moved by these detenues against their PSAs and directed the release of these detenues from preventive custody forthwith provided they are not required connection with any other case.
Justice Dhar has upheld the PSA of one Nizam-ud-din Najar of district Pulwama. He was detained under PSA on 04.04.2024 on the grounds that he has repeatedly despite his earlier release, developed contacts with the militant banned organization Lashkar-e-Toiba as such the order of his detention has been passed on 04.04.2024.
“Thus, it cannot be stated that the petitioner has been booked as the basis of stale incidents. The contention of learned counsel for the petitioner is, therefore, without any substance. I do not find any ground to interfere with the impugned order of detention. The petition lacks merit and is dismissed accordingly”, Justice Dhar concluded.
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