HC Quashes 4 PSAs, Directs Release of Detenues

Srinagar, Feb 15: High Court has quashed four detention orders passed under Public Safety Act (PSA) and directed their release.

Justice Sanjay Dhar quashed PSAs of Tawseef Ahmad Parray, Jahangir Ahmad Malik, Tawseef Ahmad Sheikh and Mohammad Ishaq Tantray. They were detained by the District Magistrate of Baramulla, Shopian, Kulgam and Anantnag with a view to prevent them from indulging in activities which are prejudicial to the security of the State.

Justice Dhar said the contention of Parray, Malik and Sheikh that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been supplied to them, appears to be well-founded as such the vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law.

The court in Tantray’s case said the authorities had received a representation of Tantray against the impugned order of detention but result thereof has not been conveyed to him.

In fact, the record shows that the Home Department of the Government has vide its letter dated 10.06.2024 conveyed to the detaining authority about the rejection of the representation but the respondents have not placed on record anything to show that the order of rejection of representation was conveyed to the petitioner.

The failure of the government to communicate rejection of detenue’s representation in a time bound manner is sufficient to vitiate the detention order.

“Viewed thus, the petitions are allowed and the impugned orders of detention are quashed.

The detenues are directed to be released from preventive custody forthwith provided they are not required not required in connection with any other case”, the court directed.