Srinagar, April 3: Jammu and Kashmir High Court has quashed detention orders against two persons and asked authorities to release them forthwith if not required in any other case.
Quashing detention order of one Zubair Ahmad Laway from Kulgam, a bench of Justice Rajnesh Oswal said that he was ordered to be detained on the basis of three FIRs registered in 2016 but nothing has been stated if he indulged in any illegal activity till 2019 when PSA order was passed by the deputy commissioner.
“The perusal of the grounds of detention reveal that all these three FIRs pertain to year 2016, and thereafter in the grounds of detention, there is no whisper that after the year of 2016, the petitioner has indulged in any illegal activity in the year 2017, 2018 and 2019 i.e. till the passing of detention order. Thus apparently there is a delay of three years in passing the order of detention,” the court said.
“So, once there is a gap of three years in the issuance of order of detention, vis-à-vis last illegal activity attributed to the petitioner, the proximate link between the detention order and the purpose for which
It has been issued is snapped. On this ground only, the order impugned is required to be quashed.”
Otherwise also, the court said: “a perusal of the ground of detention reveals that there is no whisper that the petitioner was earlier also detained under the Public Safety Act and his order of detention was quashed by the court vide order dated 31st December 2016 and it is evident that this vital fact has not been brought to the notice of the detaining authority.”
It added: “Needless to mention here that notwithstanding the quashing of the earlier detention order, the subsequent detention order can be passed, but the facts remains that the issuance as well as quashing of earlier detention order must be brought to the notice of the detaining authority, that has not been done in the instant case.”
The court also quashed detention order, also passed in 2019 by Deputy Commissioner Srinagar against one Bashir Ahmad Bhat.
”Petitioner( Bhat) be set at liberty forthwith from the preventive custody provided he is not required in any other case,” the court added. gns