SrinagarJammu and Kashmir High Court has quashed detention order under Public Safety Act of a youth from Baramulla and ordered his release forthwith from the preventive custody, if not required in any other case.
The main plank of the argument of the counsel for detaineeFarhan Fayaz Lilu alias Furu son of Fayaz Ahmad Lilu of Mohalla Jamia Baramullawas that he was in custody of the police for a substantive offence and therefore, there was no need to direct his preventive detention.
In the grounds of detention it has been stated that he was involved in a number of cases as also in case FIR No. 283/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Section 13 ULA (P) Act & Section 506 of the RPC and was presently on judicial remand. It has been further stated that there was every likelihood that he will be enlarged on bail in the FIR and, in case, it be that, he will indulge in similar activities which are prejudicial to the maintenance of the security of the State.
Since the detenue (Furu) was in judicial custody of the police at the time of passing of the order of detention, therefore, the question that arises for consideration is whether an order of detention can be passed on the face of such an eventuality? The answer to this question is an emphatic No, the court said and quashed the detention order (73/DMB/PSA/2017) of 17 July 2017 passed by District Magistrate, Baramulla. The court directed authorities to release Furu forthwith from the preventive custody if not required in any other case.
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