J&K HC Strikes Down PSA Detention On Identity Mix-Up

Srinagar- The High Court of J&K and Ladakh has quashed the detention order of a person under Public Safety Act, seventeen months after he was detained over“mistaken identity”.

A bench of Justice Moksha Khajuria Kazmi quashed the detention order, dated 20 April last year, passed by District Magistrate Anantnag, against Imtiyaz Ahmad Ganie of Chee Anantnag.

According to Ganie's plea, he was arrested without any justification or cause on 15 April last year by Police Station Anantnag and was subsequently shifted to Central Jail, Kot Bhalwal, Jammu on 20 April 2024, where he was kept under preventive detention under PSA.

The court observed that there was“absolutely no justification” available on record or in the counter affidavit filed by the authorities as regards the factum of“mistaken identity.”

“The vitiating fact appearing in the grounds of detention is worth serious notice as admittedly the detenue (Ganie) is not involved in a criminal case on the basis whereof he has been detained, as it is someone else who has a similar name, who is stated to be involved in the case which founds basis for prevention detention of the detenue (Ganie),” the court said, adding,“The detaining authority is shamelessly trying support for the issuance of the impugned order from material which does not speak of the involvement of the detenue (Ganie) in a case which has formed basis for issuance of the impugned order, as such the foundation on the basis whereof the detenue (Ganie) has been implicated and detained under preventive detention has collapsed by default.”

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