Excelsior Correspondent
Srinagar, Mar 26: High Court quashed the detention order passed under Public Safety Act (PSA) against a NEET pursuing student and directed the authorities to release him.
Justice Rahul Bharti held the detention order dated 14.05.2025 passed by the District Magistrate Anantnag and its approval by the Government against Sehran Bashir Nadaf as illegal and directed release of.
The court said that personal liberty of a citizen can’t be snatched by the Executive acting upon unfounded and mirage-like suspicion, more particularly when it is a matter of a personal liberty of a young person who is otherwise meant to find life for himself/herself.
“To put it in simple words, the petitioner has been detained just for nothing but purely on hollowed dubiety restored to by and at the end of the Senior Superintendent of Police, Anantnag and the respondent No.2-District Magistrate, Anantnag”, Justice Bharti recorded.
Justice Bharti said that when the court makes a comparative reading of the Dossier as well as the Grounds of the detention passed by the authorities, it finds the two are ‘much of a muchness’.
The division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal also quashed the PSA of one Nisam-ud-Din Najar of Pampore, District Pulwama. “Resultantly, the order of detention passed by the District Magistrate, Pulwama under Section 8 of the Jammu and Kashmir Public Safety Act, is quashed. The appellant-Najar shall be released forthwith, if not required in connection with any other case”, DB directed
The facts of the case are that Najar was detained by virtue of a detention order dated 04.04.2024. He challenged the said order of detention before the single judge. The single judge however, dismissed his plea and upheld his PSA.
Aggrieved of the said decision passed by the single judge, he challenged the verdict passed by the single judge in the instant appeal and the division bench after hearing his counsel at length said the judgment impugned in the instant appeal is not sustainable in the eyes of law and accordingly set aside the same with the direction to the authorities to release him from the preventive custody.
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