SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has nullified two orders under the Public Safety Act, noting that if the detention order mirrors the dossier, it suggests “non-application of mind by the detaining authority.”
Quashing detention order (No 50/DMK/PSA/2022), dated June 25, 2022, by District Magistrate Kulgam against Shabir Ahmad Khanday of Bugam Kulgam, a bench of Justice M A Chowdhary referred to a Supreme Court’s judgment, stating that “liberty of a subject is a serious matter and is not to be trifled with in this casual, indifferent and routine manner.”
“In a case titled ‘Jai Singh & Ors vs State of Jammu & Kashmir’ reported as AIR 1985 SC 764, it has been observed that if the detention order is a verbatim copy of the dossier, it speaks about non-application of mind by the detaining authority,” the court said and ordered Khanday’s release forthwith provided he is not required in connection with any other case(s).
The court also quashed the detention order (No. 02/DMP/PSA/22) dated April 7, 2022 passed by District Magistrate Pulwama by virtue of Aamir Amin Dar of Noorabad Tral was booked under PSA.
“The law is well settled that if the order of detention comes to an end either by revocation or by the expiry of the period of order of detention, there must be fresh facts for passing a subsequent order of detention,” the court said, adding, “ When the detention order has been quashed by the Court, the grounds of said detention order are not to be taken into consideration either as a whole or in part even along with the fresh grounds of detention in order to pass a fresh detention order and, if such previous grounds of detention are taken into consideration while passing a fresh detention order, the order of detention will be vitiated.” While quashing the detention order, the court also ordered Amir’s release forthwith if not required in any other case.
