STATE TIMES NEWS
JAMMU: Jammu & Kashmir and Ladakh High Court has quashed detention under Public Safety Act (PSA) of Vishal Sharma alias Vishu. Justice Rahul Bharti, while quashing detention order PITNDPS 10 of 2022 dated 06.09.2022 passed by Divisional Commissioner, Jammu by reference to Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, after hearing Advocates Pawan Khajuria and Baldev Singh for petitioner, observed that exercise of power on part of Divisional Commissioner, Jammu is nothing but mechanical in nature and is thus antithesis to the fundamental right to personal liberty and dignity of a citizen of India.
“If the petitioner would be found guilty of commission of offences for which he is facing trial before the criminal courts then the petitioner would be suffering the sentences deserving against him but till that happens the preventive detention cannot come in between as a substitute for the purpose of inflicting punishment upon the petitioner by reference to aforesaid three FIRs as such, the impugned detention order no. PITNDPS 10 of 2022 dated 06.09.2022 passed by Divisional Commissioner, Jammu read with consequential order of confirmation of detention order of the petitioner is quashed. The petitioner is restored to his personal liberty and be released forthwith from the place of his lodgement by reference to the impugned detention order,” the Court observed.