Srinagar, July 26: The High Court on Monday quashed detention order under Public Safety Act against detainees and ordered their release forthwith if not required in any other case.
A bench of Justice Sanjeev Kumar quashed detention order against Amir Majeed Wani and Imtiyaz Ahmad Sheikh passed by the District Magistrates of Shopian and Baramulla on 23 August 2019 and 4 July 2019 respectively.
Wani had assailed detention order among others on the ground that while he was in custody of the officials having been arrested in case FIR No.39/2019 registered in Police Station, Zainapora, yet the detention order passed by the Detaining Authority on 23 August 2019 was executed and he was taken in preventive custody only on 21 December 2019. “There is, thus, unexplained delay of near about four months in execution of the impugned detention order and placing of the petitioner (Wani) in preventive custody.”
After hearing the parties, the court observed that even if 22 days of delay in the passing the order was ignored, the Detaining Authority, has not explained the delay of about four months in executing the order of detention, more so, when Wani was already in custody of the officials having been arrested in FIR. “This unexplained delay of about four months vitiates the impugned order of detention,” the court said as per GNS and ordered Wani’s release immediately if not required in any other case.
Referring to Supreme Court’s judgment, the court said that delay, unless satisfactorily explained, “Would throw considerable doubt on the genuineness of the subjective satisfaction of the District Magistrate.”
Similarly, Sheikh had also assailed the detention order among others on the ground that while he was in custody having been arrested in case FIR No.29/2019 registered in Police Station, Tarzoo, yet the detention order passed by the detaining authority on 4th July, 2019 and that he was taken in preventive custody only on 27.11.2019. “There is, thus, unexplained delay of more than four months in execution of the impugned detention order and placing of the petitioner in preventive custody,” the court said.
Sheikh was all along in the custody of the officials, the court observed. “He was arrested in FIR No.29/2019 and was on remand when the order of detention was made and had not been released on bail or otherwise when the detention order was executed,” the court said, adding, “no attempt seems to have been made to explain the delay of two months in passing the order of detention and more than four months in executing the impugned order of detention.”
Subsequently, the court ordered his release from preventive custody forthwith, provided he is not required in any other case.