SRINAGAR: The High Court of Jammu and Kashmir quashed four detention orders under the Public Safety Act (PSA), citing a lack of proper consideration by the detaining authority.
The court ordered the release of Ashiq Hussain Sheikh from Bhaderwah Doda, Yawar Ahmad Bhat from Pulwama, Sageer Ahmad, and Tariq Ahmad Sheikh from Srinagar.
The court’s decision was based on its observation that the detaining authority failed to provide compelling reasons justifying the detentions. It emphasised that preventive detention should not serve as a substitute for criminal proceedings.
Specifically, in the case of Yawar Ahmad Bhat, the court criticised the “sweeping and generalised nature” of the dossier against him, noting that the grounds for detention were merely repeated verbatim from police records.
Furthermore, regarding Sageer Ahmad and Tariq Ahmad Sheikh, the court highlighted the detaining authority’s failure to consider all relevant facts before making its decision. It underscored the importance of presenting complete information to enable the detaining authority to reach a justified conclusion.
The court stated, “Recourse to preventive detention cannot be taken as a substitute for criminal activities of a person.” It further remarked, “Failure on the part of the detaining authority to supply all the material relied upon… renders the impugned order of detention illegal.”
