SRINAGAR: The High Court of J&K and Ladakh has invalidated the detention of five individuals under the Public Safety Act and directed their immediate release from preventative custody unless their presence was necessary for other cases.
Bench comprising of Justice Sanjay Dhar and Justice M A Choudhary annulled the detention orders against the detainees following hearings conducted by their legal representatives.
“The apprehension of the detaining authority that allowing the detainee to remain at large would be detrimental to the maintenance of public order, cannot serve as the foundation for subjecting the detainee to preventive detention,” a bench led by Justice Sanjay Dhar stated while annulling the detention order of Ubaid Nazir Sofi of Baramulla.
The court asserted that a simple case of cheating and fraud, lacking broader implications, could not form the basis for issuing a detention order in the guise of upholding public order.
“Hence, the challenged order is not legally viable,” it appended.
In this manner, the court nullified the detention order against Sofi and directed his immediate release from preventative custody, provided his involvement was not required in connection with any other case.
By granting permission to their habeas corpus petitions, the court also nullified the detention orders of Asif Ahmad Lone of Gundpora Rampora Bandipora, Bilal Ahmad Dar of Baramulla, Muzaffar Ahmad Rather of Munand Yaripora Kulgam, and Bilal Ahmad Lone of Mohand Mohalla, Heff Shopian.
