Representation Against PSA Detention Not Mere Formality: J&K HC

5/14/2024 7:14:05 PM

(MENAFN- Kashmir Observer) Srinagar- The representation against PSA detention order is not a mere formality but is required to be carried out without any exception, the High Court of J&K and Ladakh said on Tuesday as it quashed detention orders under Public Safety Act against three detainees.

“The respondents (authorities) were obliged to consider the representation with all sincerity and had the option to accept or reject the same after taking into consideration all aspects of the matter. The consideration by the respondents is not a mere formality but required to be carried out without any exception,” a bench of Justice Puneet Gupta said while quashing detention order against one Inayat Rashid Bhat of Jumlanpora, Sindhbal, Ganderbal passed by the district magistrate of the central Kashmir district last year.

The court subsequently directed authorities to release Bhat from the custody provided if he is not required in any other case.

The court also quashed the detention order under PSA against Ajaz Ahmed Peer of Baramulla. The order had been passed by the district magistrate of north Kashmir district on 15 September 2022.

Meanwhile, a bench of Justice Rahul Bharti quashed detention order passed against Umar Nazir Rather, the 28-year-old resident of Tral against whom district Magistrate Pulwama had passed detention order under PSA last year.

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According to dossier against Rather, he along with other persons had lured gullible students and their parents to avail the leak of question papers for an examination of B.Sc Nursing Course admission to be conducted by the Board of Professional Entrance Examination (BoPEE) in exchange for hefty money.

“...this Court holds that the preventive detention of the petitioner (Rather) was misconceived given the fact that the alleged acts of omission and commission on the part of the petitioner allegedly acting in complicity with the (other) persons resulting in his implication in FIR No. 53/2023 of the Police Station Tral in no manner can be construed to be prejudicial to the maintenance of public order,” the court said and set aside the preventive detention order (No. 40/DMP/PSA/23) dated 26 June 2023 passed by the District Magistrate, Pulwama.

“The petitioner is directed to be restored to his personal liberty,” the court said and ordered his release.

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