Srinagar
Jammu and Kashmir High Court has quashed detention under Public Safety Act against three persons and ordered their immediate release from the prison.
A bench of Justice Ali Mohammad Magrey quashed the detention orders of Shameem Ahmad Ganie of Ratnipora Kakapora Pulwama, Tufail Ahmad Zaldar of Ranger Stop Zaldar Mohalla, Saidakadal Srinagar and Firdous Ahmad Wani of Mohalla Bazar Seri Warpora, Pattan Baramulla.
“In the present case, I find that although there is mention of the fact that the (detainee) had been arrested in connection with FIR No. 70/2019 but, it is not clear as to whether the detaining authority was aware of the fact that (he) continued to be in custody. Furthermore, assume that the detaining authority was aware that the (he) was in custody in the FIR, the compelling reasons, have not been indicated in the grounds of detention,” the court said while disposing of the plea by Tufail Ahmad.
“In other words, the grounds of detention nowhere make mention or indicate satisfaction that the (he) was being likely to be released from custody in the near future. Therefore, in view of the decision of the Supreme Court in Surya Prakash Sharma, this alone would vitiate the detention order.”
In Wani’s case, the court answered whether the passing of the second detention order was permissible in terms of section 19 of the Public Safety Act 1978.
“This section permits passing of second detention order where the earlier order passed in respect to a person is revoked or modified by the government or is not legal on account of any technical defect,” the court said, adding, “In the instant case the first detention had been quashed by the court and, therefore, the authorities were not competent to pass fresh detention order on basis of same facts and circumstances. As noticed there is neither any fresh material nor new activity attributable to (Wani) of his continuous lodgment in Jail and his second detention is thus liable to be set aside on this ground alone.” (GNS)
