Srinagar- The High Court of J&K and Ladakh on Friday quashed detention of four youths who had been booked under Public Safety Act (PSA) and ordered authorities to release them forthwith if not needed in any other case.
“On perusal of the detention record …., the ground projected regarding vagueness of the averments made in the grounds of detention, appears to be forceful. There is no mention of the particulars of the places and the identity of the (militants), to whom the petitioner was allegedly providing logistic support,” a bench of Justice Sanjay Dhar said while quashing detention order against Mukhtayar Ahmad Bhat of Bonpora Mohalla Ar Dehruna Dooru District Anantnag.
“The particulars of the period when the (detainee) is alleged to have provided logistic support to the (militants) are also not mentioned in the grounds of detention. Thus, the grounds, being vague and lacking in material particulars, the detenue (Bhat) could not have made an effective representation against his detention. Therefore, there has been violation of constitutional guarantees envisaged under Article 22(5) of the Constitution.”
The court also allowed separate petitions and quashed detention orders against Manzoor Ahmad Ganie of Khargund Chowgam, Kulgam, Faizan Aijaz Mir of Srinagar and Aqib Bashir Wagay of Amshipora District Shopian.
The Court directed the authorities to release the detainees from preventive custody forthwith, if they were not required in other cases.
While Ganie was booked in terms of an order issued by District Magistrate, Kulgam on June 25 last year, Mir was detained by virtue of an order dated 28.02.2022 passed by District Magistrate Srinagar. Wagay was booked on April 7 last year in terms of an order issued by District Magistrate, Shopian while Mukhtiyar Bhat was booked on the basis of an order dated 29.06.2022, issued by District Magistrate, Anantnag.
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