HC Quashes PSA Of Ex J & K Bar Association Leader

(MENAFN- Kashmir Observer) Srinagar- The exercise of preventive detention jurisdiction is a double-edged sword which is unsparing both for the hand which wields it and the hand which bears its blow, the High Court of J&K and Ladakh has said while quashing detention order under Public Safety Act against former secretary of erstwhile Kashmir Bar Association advocate Mohammad Ashraf Bhat.

“If mishandled by the wielder of said sword, then the effect stays on the side of the wielder whereas the relief passes on to the side of the person aimed to suffer its blow, and which precisely is the situation in hand before this Court in the context of the present case,” a bench of Justice Rahul Bharti said while quashing the 71-year-old Bhat's PSA detention order under PSA passed by the Deputy Commissioner Srinagar on 16 July last year.

“The respondent No.2-District Magistrate, Srinagar, if had acted with due diligence at his end, would have come across with a fact from the records of his office that the petitioner (Bhat) was subjected to preventive detention in the year 2019 which came to be set aside by the intervention of the High Court of Jammu & Kashmir and Ladakh,” the bench said, adding,“This omission is too serious to be taken casually much less by this Court as being the guardian of the fundamental rights of a citizen of India which the petitioner undoubtedly is.”

Bhat's preventive detention, the court said, is further flawed because he was being kept uninformed about the fate of his written representation which was made not only to the Advisory Board but also to the District Magistrate Srinagar and to the Principal Secretary to Government, Home Department, Union Territory of Jammu & Kashmir.

“These two grounds are self-sufficient by themselves to render the preventive detention of the petitioner bad in the eyes of law,” the court said while quashing the PSA detention against Bhat.

Read Also HC Slaps Rs 10 Lakh Penalty on J&K Govt for Demolition of Restaurant Sanjay Parihar, Shahzad Azeem Appointed New Judges of J&K High Court

“The petitioner (Bhat) is directed to be restored, without loss of any time, to his personal liberty by his immediate release from the concerned Jail,” the court said, adding,“to that effect the Superintendent of the concerned Jail detaining the petitioner (Bhat) to act in compliance of the directions hereby being issued with respect to the release of the petitioner (Bhat) from preventive detention custody.”

Follow this link to join our WhatsApp group : Join Now

Be Part of Quality Journalism

Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast.

ACT NOW

MONTHLY	Rs 100
YEARLY	Rs 1000
LIFETIME	Rs 10000

CLICK FOR DETAILS

MENAFN09052025000215011059ID1109530694