Srinagar- The High Court of J&K and Ladakh has quashed detention orders under Public Safety Act against social activist Mohammad Waqar Bhatti from Rajouri district, observing that it was without application of mind and the constitutional and statutory safeguards available to the 40-year-old were observed in breach and trampled.

A bench of Justice MA Chowdhary quashed the detention order (No/PSA/01 of 2025) passed by the Deputy Commissioner on 21 February this year was“unsustainable” on a number of counts.

The court observed that the order was liable to be quashed for not informing the detainee that he can make representation to the detaining authority against the detention order and that the time frame was not specified in the detention order, within which he can file representation against the same.

Secondly, the court said that the order was unsustainable because of non communication of the result of the representation to the detainee.

Thirdly, the court said that there was non-supply of whole of the material which incapacitated the detainee to file effective and meaningful representation to the detaining authority as well as government.

“Fourthly, non application of mind by the detaining authority, in as much as the grounds of detention are almost xerox copy of the police dossier, it can safely be held that the detenue (detainee) was disabled to exercise his right to file a representation against his detention, in terms of Article 22(5) of the Constitution of India,“ the court said, adding,“The detaining authority has passed the impugned detention order arbitrarily and mechanically, without application of mind and the constitutional and statutory safeguards available to the detenue were also observed in breach and trampled, vitiating the impugned detention order, which render it unsustainable and liable to be quashed.”

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