Srinagar, Jan 2 : The high court has quashed detention orders under Public Safety Act against three detainees.
The detainees whose detention orders have been quashed include Mukhtar Ahmad Bhat of Shopian, Ishfaq Ahmad Ganie of Pulwama, Amir Shafi Bhat of Pulwama and. Barring Amir’s, the orders of detention were quashed by the court’s single bench.
“There is no dispute with regard to the proposition put forth by the counsel for the respondents (government) that the preventive detention can be ordered even if the detenue is in custody in connection with substantive offences but in such situation the detaining authority is under an obligation to spell out compelling reasons for taking such action under preventive law,” the court said in Mukhtar’s case. “The detaining authority must indicate the apprehension that the detenue might be released on bail and if so released would again indulge in the activities prejudicial to the security of the State.
Nothing of the sort is forthcoming from the grounds of detention.”
Amir’s detention order was quashed by the division bench by allowing an appeal filed by him against the single bench order, dismissing his challenge the PSA order passed by District Magistrate Pulwama 2 February 2019.
“We reiterate that the detaining authority must explain satisfactorily the inordinate delay in executing the detention order, otherwise the subjective satisfaction gets vitiated,” the court said, adding, “In the case on hand, in the absence of any satisfactory explanation explaining the delay of 14½ months, we are of the opinion that the detention order must stand vitiated by reason of non-execution thereof within a reasonable time.” (GNS)
