(MENAFN- Kashmir Observer) Srinagar- Message of law is being lost to the“sponsoring authority” as well as to the“detention order making authority”, resulting in repeat of preventive detention taking place on insufficient material, the J&K and Ladakh High Court said on Monday as it quashed detention orders under Public Safety Act.
A bench of Justice Rahul Bharti made the observations as it quashed the detention order under PSA against one Mohammad Afreen Zargar, a resident of Barmulla who was booked under the legislation on 10 September 2024.
“This Court has repeatedly held and maintained the position of law that furnishing of bail orders related to a person whose preventive detention is being sought becomes essential and indispensable on the part of the sponsoring authority i.e., the Law and Enforcement agency of the District to be procured and placed along with the dossier before the detention order making authority so as to apprise it about the facts and circumstances which led to the bail of the prospective detenue in the criminal case being referred in the dossier to project a prospective detenue to be falling within the scope of mischief of Section 8 of the Jammu & Kashmir Public Safety Act, 1978,” the court said, adding,“Despite ad nauseum reiteration of position of law in this respect through the judgments of this Court, the message of law is being lost to the sponsoring authority as well as to the detention order making authority resulting in repeat of preventive detention taking place on insufficient material and getting quashed through the indulgence of this Court.” The present case is no different than what the pool of cases has been suffering quashment from the Court, the bench added.
“The preventive detention of the petitioner in the present case is, thus, held to be vitiated with suppression and withholding of documents related to the petitioner (Zargar),” the court said, adding,“Therefore, the preventive detention of the petitioner being made a device to overreach the criminal court which came to grant bail in favour of the petitioner and, thus, imposing a punitive imprisonment upon the petitioner through preventive detention mode.”
Meanwhile, a bench of justice Mohammad Yousuf Wani quashed detention order under PSA against one Irshad Ahmad Dar by District Magistrate Baramulla on 21 July 2023.
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“The preventive detentions need to be passed with great care and caution keeping in mind that a citizen's most valuable and inherent human right is being curtailed,” the court said.
“The arrests in general and the preventive detentions in particular are an exception to the most cherished fundamental right guaranteed under Article 21 of the Constitution of India,” the court said and underlined that the preventive detentions are made on the basis of subjective satisfaction of the detaining authority without being backed by an immediate complaint as in the case of the registration of the FIR and, as such, is a valuable trust in the hands of the trustees.
“The provisions of Clauses (1) and (2) of Article 22 of our Constitution are not applicable in the case of preventive detentions,” the court said, adding,“So, the provisions of Clause (5) of the Article 22 of our Constitution requiring for application of mind, subjective satisfaction, inevitability of the detention order, proper communication of the grounds of detention and the information of liberty to make a representation against the detention order are the imperative and inevitable conditions rather requirements for passing of a detention order.”
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