SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has overturned detention orders issued under the Public Safety Act (PSA) against two individuals, including a 21-year-old youth, directing their immediate release unless needed in other cases.
Justice M A Chowdhary emphasized the necessity of a direct link between the detainee’s past conduct and alleged activities threatening state security.
In the case of Sahil Farooq Mir from Chakoora, the court found this link absent due to the significant time gap between the detention order and the referenced incidents, leading to the quashing of the PSA detention.
Similarly, the detention order against Fareed Ahmad Chouhan from Reshiwari Awoora Trehgam area was annulled due to the failure of the detaining authority to provide the detainee with the necessary materials in a language he understands, as mandated by law.
The absence of an execution report indicating the provision of relevant materials rendered the detention illegal and unsustainable, according to the court. Consequently, the court directed the release of both detainees forthwith, provided they are not implicated in any other cases.
