Srinagar- The High Court of J&K and Ladakh on Friday quashed three detention orders under Public Safety Act and ordered their release from custody if not required in any other case.
A bench of Justice Sanjay Dhar quashed the detention orders against Umar Ul Islam, booked under PSA order (No.38/DMK/PSA/2022) dated 20 June 2022 and Suhail Ahmad Malla, booked under order (17/DMK/PSA/2022) dated 8 April 2022 by District Magistrate Kulgam and Wani Adil Yousuf booked vide order (No.34/DMP/PSA/22) on 13 May last year by District Magistrate, Pulwama.
“A perusal of the grounds of detention would show that there is no mention of the particulars of the places, period and the identity of the persons from whom the petitioner (Adil Yousuf) is alleged to be received Hawala consignments,” the court said.
The particulars of the newly recruited militants for whom Adil Yousuf was alleged to have been managing weapons were not mentioned in the grounds of detention, he said.
“These grounds, being vague and lacking in material particulars, the detenue (Adil Yousuf) could not have made an effective representation against his detention. Thus, there has been violation of constitutional guarantees envisaged under Article 22(5)of the Constitution. Therefore, the detention order is illegal and unsustainable.”
In the case of Malla, the court observed that “there has to be a live and proximate link between the past conduct of the detenue and the activities alleged to be prejudicial to the maintenance of security of the state.” Malla had contended that the grounds of detention mentioned incidents pertained to 2019, more than four years prior to the passing of the order of detention.
“There is no reference to any recent incident involving the petitioner (Malla) in the grounds of detention. Thus, it is clear that the order of detention has been based on past and stale incidents,” the court said underlining that the “link is completely missing as the time between the order of detention and the incident referred to in the grounds of detention is far too large to presume such a link. The impugned order of detention, therefore, cannot be sustained.”
In case of Islam, the court observed that the whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been supplied to him.
“Obviously, the petitioner (Islam) has been hampered by non-supply of these vital documents in making an effective representation before the Advisory Board. Thus, vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents (authorities) in this case rendering the …..order of detention unsustainable in law.
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