(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh on Tuesday quashed detention orders under Public Safety Act against eight detainees and ordered their release with immediacy provided they are not needed in any other case.
“The inclusion of an irrelevant or non-existent ground, among other relevant grounds, is an infringement of the first of the rights and the inclusion of an obscure or vague ground, among other clear and definite grounds, is an infringement of the second of the rights,” a bench of Justice Vinod Chatterji Koul said, while quashing detention order dated 5 September this year against Zahoor Bangroo of Fateh Kadal Srinagar.
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“In either case there is an invasion of the constitutional rights of the detenu entitling him to approach the Court for relief. The reason why the inclusion of even a simple irrelevant or obscure ground, among several relevant and clear grounds, is an invasion of the detenu's constitutional right is that the Court is precluded from adjudicating upon the sufficiency of the grounds, and it cannot substitute its objective decision for the subjective satisfaction of the detaining authority,” the court said, adding,“Even if one of the grounds or reasons, which led to the subjective satisfaction of the detaining authority, is non-existent or misconceived or irrelevant, the order of detention would be invalid. Where the order of detention is founded on distinct and separate grounds, if any one of the grounds is vague or irrelevant the entire order must fall.”
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The satisfaction of detaining authority being subjective, the court said, it is impossible to predicate whether the order would have been passed in the absence of vague or irrelevant data.
“A ground is said to be irrelevant when it has no connection with the satisfaction of the authority making the order of detention,” the court said, adding,“Irrelevant grounds, being taken into consideration for making the order of detention, are sufficient to vitiate it.” One irrelevant ground, the court said, is sufficient to vitiate the order as it is not possible to assess, in what manner and to what extent, that irrelevant ground operated on the mind of the appropriate authority, and contributed to his satisfaction that it was necessary to detain the detainee in order to prevent him from acting in any manner prejudicial to the maintenance of the public order or security of the State.
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The bench also quashed PSA detention orders against Dawood Fayaz Zargar of Nowhatta Srianagar, Naveed Mudasir Wani of Ugergund Pulwama, Gowhar Ayoub Fafoo of Awantipora, Gowhar Mohi ud Din Dar of Drubgam Pulwama, Mohammad Azim Qurishi of Baderhama Shopian, Waqar Bashir Bhat of Kreeri Baramulla and Imtiyaz Ahmad Dar of Redwani Payeen Kulgam.
Zargar had been booked under PSA on 12 April 2023, Naveed on 12 January 2023, Fafoo on 16 January 2023, Gowhar Mohi ud Din Dar on 19 April 2023, Mohd Azim Qurishi on 7 February 2023, Waqar on 12 April 2024, and Imtiyaz on 22 June 2023.
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