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| High Court quashes Public Safety Act order of Asla | | | Early Times Report
JAMMU, Oct, 28: Justice Rajnesh Oswal has quashed the Public Safety Act order passed by Dy, Commissioner Samba ordering detention of S Harbans Singh Asla.
The Court passed the order after hearing A.K. Sawhney Advocate for the petitioner and Aijaz Lone Dy Advocate General for the respondents.
Sawhney submitted before the Court that the petitioner has challenged the public safety order on various grounds and urged before the court that no grounds were furnished to the detain the petitioner, no documents were supplied which was the basis of detention.
Advocate A.K. Sawhney submitted that the impugned detained order that the impugned detention order was arbitrary , illegal and does not comply with the requirements of Public Safety Act. Advocate A.K. Sawhney argued that No Public order was involved it was misuse of the power by the authorities.
Justice Rajnesh Oswal in his significant judgment observed that a perusal of detention order reveals that there is non-application of mind on the part of the detaining authority. In the order of detention there is no whisper as to on which basis the Respondent No. 2 has derived his satisfaction that it has become necessary to detain the petitioner. Even if the order of detention is read in conjunction with grounds of detention, it is evident that the grounds of detention are the verbatim reproduction of dossier prepared by Respondent No. 3. The detaining authority was required to apply its mind independently with regard to the material placed before it so as to derive satisfaction that it has become necessary to detain the petitioner. But the same has been done in the instant case. This too renders the detention order illegal.
The Court held "since the order of detention is required to be quashed on these twin grounds only, so there is no need to consider the other grounds of challenge. In view of the above, this petition is allowed. Detention order No. 02/PSA of 2020 dated 17.07.2020 is quashed. Petitioner be set free from the preventive custody provided he is not required in any other case.". —JNF |
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