Quashes PSA Detention Orders Against 5 Youth, Orders Their Release
Srinagar, Aug 14: Resort to preventive detention has to be taken only in cases where there is an urgent need to detain a person so as to prevent him from indulging in activities which are prejudicial to the maintenance of public order or security of the State, the High Court of J&K and Ladakh has said.
“When there is unsatisfactory and unexplained delay in executing the order of detention, such delay would throw considerable doubt on the genuineness of the subjective satisfaction recorded by the detaining authority,” a bench of Justice Sanjay Dhar said while quashing the detention order against Bilal Ahmad Lone son of Mohammad Hussain Lone of Mohand Mohalla, Heff Shopian. “This would lead to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the detenue.”
The court also quashed detention orders against four other youth.
“The apprehension of the detaining authority that the remaining of detenue at large would be detrimental to the maintenance of public order, cannot be made basis for placing the detenue under preventive detention,” the court said while quashing detention order against Ubaid Nazir Sofi of Baramulla.
“A simple case of cheating and fraud, without having wider ramifications, cannot be made the basis of issuing the detention order in the name of maintaining the public order. The impugned order is, therefore, not sustainable in law.”
Subsequently, the court quashed the detention order against Sofi and ordered his release from the preventive custody forthwith, provided he is not required in connection with any other case.
The court also quashed detention orders against Asif Ahmad Lone of Gundpora Rampora Bandipora, Bilal Ahmad Dar of Baramulla and Muzaffar Ahmad Rather of Munand Yaripora Kulgam.
