Fresh PSA Detention Order Can’t Be Made On Previous Grounds: HC

By M Ahmad

Srinagar- The High Court of J&K and Ladakh has said order under Public Safety Act cannot be made after considering previous grounds of detention, wholly or partly, when the same have been quashed by the Court.

Quashing a detention order under PSA against a detainee— Showkat Ahmad Bhat son of Ghulam Hassan Bhat of Wahibugh Pulwama, a bench of Justice Moksha Khajuria Kazmi said if such grounds of detention are taken into consideration while forming subjective satisfaction by the Detaining Authority in making a fresh detention order, the order of detention will be “vitiated”.

“When a detention order is quashed by the Court by issuing a high prerogative writ, like Habeas Corpus or certiorari, the grounds of said detention order should not be taken into consideration either as a whole or in part even along with fresh grounds of detention for drawing requisite subjective satisfaction to pass a fresh detention order because once the Court strikes down an earlier order by virtue of a writ, it nullifies the entire order,” the court said.

Earlier, counsel representing Bhat argued that the allegations and the grounds pressed into service have already been made use of by the Detaining Authority in the earlier detention order, i.e., order (No. 26/DMP/PSA/20) dated 9 September 2020, which was quashed by the Court  on 1 March 2021. He submitted that the Detaining Authority while issuing detention order has not even made a whisper qua earlier detention order which reflects the “unawareness” of the Detaining Authority and as a consequence the detention order is rendered illegal.

Subsequently, the court quashed the detention order (59/DMP/PSA/22) dated 25 June 2022, passed by the District Magistrate, Pulwama, against Bhat and directed authorities including Jail Superintendent concerned, to release them forthwith provided he is not required in any other case.

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