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| HC quashes PSA of three | | | Early Times Report
Jammu, Mar 12: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court while deciding three different petitions, quashed the detention orders of Aqib Maqbool Lone, Asif Hameed Dar and Shabir Ahmad Teli.
Justice Sanjay Dhar while quashing the detention order of Aqib Maqbool Lone bearing No. 27/DMP/PSA/2022, dated 12.04.2022 passed by District Magistrate, Pulwama, observed that it is revealed that the petitioner has been granted bail in FIR No. 11/2020 of Police Station, Kakapora by Special Judge, NIA Court, Srinagar on 01.09.2020. A copy of the docket issued by the said court has been placed on record. In the Police dossier, which is available in the detention record, it has been specifically recorded that the petitioner has succeeded in obtaining bail order from the court and, as such, there are compelling reasons for his detention under the provisions of the J&K Public Safety Act. However, the District Magistrate i.e. the Detaining Authority while formulating the grounds of detention, has recorded that presently the petitioner is under custody on remand and that there is every likelihood of his getting bailed out and remaining at large, which would be detrimental to the security of the State. This means that the Detaining Authority has not carefully gone through the dossier submitted before it by the sponsoring agency and passed the impugned order of detention in a mechanical manner. Thus, the functioning of the Detaining Authority smacks of total non application of mind, which renders his subjective satisfaction a casualty.
Justice Sanjay Dhar while quashing the detention order of Asif Hameed Dar bearing No. 35/DMP/PSA/2022, dated 19.05.2022 passed by District Magistrate, Pulwama, observed that On the basis of these vague allegations made in the grounds of detention, it was not possible to the petitioner to make an effective representation against the impugned order of detention. It seems that it is for this reason that the petitioner could not make a representation against the impugned order of detention and his case was considered by the Advisory Board in the absence of his representation. Thus, a vital constitutional right of the petitioner to make a representation against the order of detention stands infringed, thereby rendering the impugned order of detention unsustainable in law.
Justice Sanjay Dhar while quashing the detention order of Shabir Ahmad Teli bearing No. 40/DMB/PSA/2022, dated 09.04.2022 passed by District Magistrate, Baramulla, observed that It is recorded in the receipt of grounds of detention that the grounds of detention have been explained to the petitioner in Urdu language, but the said assertion of the Executing Official is not supported by his affidavit. No such affidavit could be found in the record of detention. To eradicate all the doubts, it was incumbent upon the part of the person who did the exercise of handing over the documents and conveying the contents thereof to the detenue, to file an affidavit in order to attach a semblance of fairness to his actions. This requirement has not been followed in the instant case, at least the record suggests so. |
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