Srinagar– A simple case of cheating and fraud, without having wider ramifications, cannot be made the basis of issuing the detention order in the name of maintaining the public order, the High Court of J&K and Ladakh has said.
The court made the observations while allowing a petition, challenging the detention order under PSA of a youth, Ubaid Nazir Sofi who was ordered to be detained under PSA by the orders of District Magistrate Baramulla on 07 February this year.
“The apprehension of the detaining authority that the remaining of detenue (Sofi) at large would be detrimental to the maintenance of public order, cannot be made basis for placing the detenue under preventive detention,” a bench of Justice Sanjay Dhar said, adding, “A simple case of cheating and fraud, without having wider ramifications, cannot be made the basis of issuing the detention order in the name of maintaining the public order. The impugned order is, therefore, not sustainable in law.”
Sofi had been arrested in case (FIR No.17/2023) for offences under Section 420, 384, 506 IPC.
“…the allegations in the FIR registered against the petitioner (Sofi) may be a problem of law and order but would not certainly come within the purview of the term “public order‟. There is nothing mentioned in the grounds of detention to demonstrate that the activities of the detenue (Sofi), on the basis of which the FIR came to be registered against him, had an impact of disturbing even the tempo of life of the community or had the effect of affecting the public at large,” the court said, adding, “The offences with which the detenue has been charged in the FIR are substantive offences and the ordinary law of the land is sufficient to deal with the detenue, if he is ultimately found guilty of the allegations leveled against him in the FIR.”
Subsequently, the court quashed the detention order against Sofi and ordered his release from the preventive custody forthwith, provided he is not required in connection with any other case.
Meanwhile, the court also quashed detention order dated 26 June 2022 against Asif Ahmad Lone of Gundpora Rampora Bandipora; PSA detention odder dated 20 October 2021 against Bilal Ahmad Dar of Baramulla; PSA detention order dated 8 April 2022against Muzaffar Ahmad Rather of Munand Yaripora Kulgam and PSA detention order dated 14 July 2019 against Bilal Ahmad Lone of Mohand Mohalla, Heff Shopian.
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