‘Procedural safeguards need to be strictly complied with in preventive detention’
Srinagar, Mar 22: Observing that the procedural requirements are the only safeguards available to a person who is placed under preventive detention because the Court cannot go behind the subjective satisfaction of detaining authority, the High Court of J&K and Ladakh has quashed detention orders under Public Safety Act against four detainees and ordered their immediate release from preventive detention if not needed in any other case.
“The procedural requirements are, therefore, to be strictly complied with, if any value is to be attached to the liberty of the subject and the constitutional rights guaranteed to him in that regard,” said a bench of Justice Vinod Chatterji Koul. Subsequently the court quashed detention order (no.24-DMK/PSA of 2022 dated 27.06.2022), passed by District Magistrate Kupwara against Rashid Habib Zargar of Tikker Kupwara, detention order (No.20/ DMS/PSA/2022 dated 08.04.2022), passed by District Magistrate, Kulgam against Amir Ahmad Rather of Ashmuji Kulgam, detention orders (No.DMS/ PSA/17/2023 dated 08.03.2023 and No.DMS/PSA/83/2022 dated 30.08.2022 respectively), passed by District Magistrate Srinagar against Danish Bashir Dar of Shah Colony, Parimpora Srinagar, and Suhail Shabir Ganie alias Imran of Chattergam, Nowgam. In all these petitions, the court directed authorities to release them forthwith provided they are not required in any other case.
