SRINAGAR: The High Court has annulled two detention orders issued under the Public Safety Act, resulting in the release of the detainees, while affirming one, citing strict adherence to the mandatory provisions of the Act by the detaining authority.
Justice Vinod Chatterji Koul nullified the PSAs of Saboor Ahmad Shergojri of Zainapora Shopian and Mushtaq Ahmad Ganaie of Sangri Colony Baramulla. Both were detained by the respective District Magistrates on 27.09.2023 and 29.04.2023.
Regarding Shergojri’s case, the court remarked that the detention record does not indicate any receipt or consideration of the representation submitted on behalf of the detainee.
In Ganaie’s case, the court noted that the grounds of detention and dossier show a lack of application of mind by the detaining authority, rendering the detention order unsustainable.
Thus, the petitions were disposed of, and the detention orders were revoked, with the respondents instructed to release the detainees immediately if not required in other cases. Justice Rajesh Sekhri upheld the detention of Zahoor Ahmad Dar of Bandiproa, who was detained on 07.04.2022, and housed at Central Jail, Kot Bhalwal Jammu.
The detaining authority asserted that Dar played a significant role during the unrest of 2016, inciting youth to enforce bandhs and strikes, thereby disturbing peace.
The court upheld the detention, emphasizing the exclusive jurisdiction of the administration in ensuring security and peace.
The petition was dismissed, and the detention order was upheld, as the court found no illegality or impropriety.
