Srinagar, July 28: The High Court on Wednesday quashed detention orders under Public Safety Act against three detainees and ordered their release from the preventive custody forthwith, provided they are required in any other case.
A bench of Justice Tashi Rabstan quashed District Magistrate Shopian’s order (no.33/
DMS / PSA/2019; dated 10.08.2019) under PSA against one Abid Ahmad Shah son of Mehraj-ud-din Shah of Bala Nowpora and ordered his release from the preventive detention.
“Respondents, including Jail Superintendent concerned, are directed to release the (detainee) forthwith, provided he is not required in any other case,” the court said.
A bench of Justice Sanjeev Kuma quashed the detention order against Sheeraz Ahmad Sheikh of Batamuran Wanpora, Shopian passed by the District Magistrate of the south Kashmir district on 8 August 2019.
“Lack of awareness on part of the Detaining Authority and failure to consider the relevant material i.e. bail granted to the (detainee) in FIR No.25/2019 by the competent Court of jurisdiction has vitiated the subjective satisfaction allegedly derived by the Detaining Authority for putting the detenue under preventive detention,” the court said as per GNS, adding, “Had the relevant material in the shape of bail order and report of Forensic Science Laboratory been brought to the notice of the Detaining Authority, there was every possibility of the Detaining Authority taking a different view in the matter.”
Subsequently the court quashed the detention order and directed the officials to release the detainee from preventive custody forthwith if not required in any other case.
The court also quashed detention order (42/DMP/PSA/ 20) passed by District Magistrate Pulwama on 24 November 2020 against Umar Yousaf Bhat of Pulwama. gns