SRINAGAR, NOV 17: The High Court of J&K and Ladakh has quashed three detention orders under the Public Safety Act and directed their release from custody if not required in any other case.
A bench of Justice Sanjay Dhar quashed the detention orders against Umar Ul Islam, booked under PSA order (No.38/DMK/PSA/2022) dated 20 June 2022 and Suhail Ahmad Malla, booked under order (17/DMK/PSA/2022) dated 8 April 2022 by District Magistrate Kulgam and Wani Adil Yousuf booked vide order (No.34/DMP/PSA/22) on 13 May last year by District Magistrate, Pulwama.
“…..there has to be a live and proximate link between the past conduct of the detenue and the activities alleged to be prejudicial to the maintenance of security of the state,” the court said in the case of Malla who had contended the grounds of detention mentioned incidents pertained to 2019, more than four years prior to the passing of the order of detention. “There is no reference to any recent incident involving the petitioner (Malla) in the grounds of detention. Thus, it is clear that the order of detention has been based on past and stale incidents,” the court said underlining that the “link is completely missing as the time between the order of detention and the incident referred to in the grounds of detention is far too large to presume such a link. The impugned order of detention, therefore, cannot be sustained.”
