SRINAGAR, DEC 16: The High Court of J&K and Ladakh on Saturday quashed detention orders under the Public Safety Act against two detainees and ordered their release if not needed in any other case.
“It is not understandable as to how three leaves comprising the grounds of detention have been provided to the petitioner,” said a bench of Justice Sanjay Dhar while quashing the detention order against Ashiq Hussain Bhat alias ‘Hogard’, a resident of Srinagar.
“If we have a look at the grounds of detention, it bears reference to FIR No.95/2021of P/S Harwan,” the court said, adding, “It was incumbent upon the respondents to furnish not only the copy of the FIR but also the statements of witnesses recorded during the investigation of the said FIR and other material on the basis of which petitioner’s involvement in the FIR is shown, which has not been done. Even the copy of the dossier of detention has not been supplied to the petitioner.”
The court also quashed a detention order under PSA against one Khursheed Ahmad Sanaie of Fallchill Khansahib Budgam.
“While formulating the grounds of detention, the Detaining Authority has to apply its own mind. It cannot simply reiterate whatever is written in the police dossier,” the court said, adding, “The grounds of detention and the dossier, if in similar language, go on to show that there has been non-application of mind on the part of the Detaining Authority.
The similarity of contents of grounds of detention and police dossier in the instant case, the court said, “clearly exhibits mechanical functioning of the detaining authority, thereby making the impugned order of detention unsustainable in law.” The court also directed the release of Sanaie from preventive custody forthwith “provided he is not required in connection with any other case.”
