Srinagar, Oct 21: The High Court of J&K and Ladakh on Saturday quashed detention order under Public Safety Act against two detainees and ordered their release if not needed in another case.
While a bench of Justice Sindhu Sharma quashed detention order (No. DMS/PSA/47/2023 dated 10.05.2023) against Mohammad Hanief Guroo of Rabitar, Gundi Roshan, Ganderbal and Justice Rajnesh Oswal allowed plea against the order (No.DMS/PSA/144/2021 dated 07.03.2022) against Adil Afzal Lone of Srinagar.
“It appears that the respondent No2 (Deputy Commissioner Srinagar) has simply acted as a post office and has put a stamp of approval on the dossier forwarded by the SSP, Srinagar, without satisfying himself in respect of the alleged activities attributed to the petitioner (Adil Afzal Lone) necessitating his detention under the Public Safety Act. On this ground alone, the detention order is required to be quashed,” the court said.
Also, the court said, the representation filed by Adil was not considered, rendering the detention order bad.
“Once the petitioner (Adil) had filed a representation, it was incumbent on the part of respondents to have considered and decided the said representation in accordance with law. Having not done so, the respondents (authorities) have flouted the constitutional as well as statutory mandate and, accordingly, the detention order is not sustainable on this ground as well.”
Subsequently, the court ordered the release of Adil as well Guroo if they are not required in any other case.