Srinagar- The High Court of J&K and Ladakh on Saturday quashed detention orders under Public Safety Act against two detainees and observed that detaining authority cannot reiterate whatever is written in the police dossier.
“While formulating the grounds of detention, the Detaining Authority has to apply its own mind. It cannot simply reiterate whatever is written in the police dossier,” a bench of Justice Sanjay Dhar said while quashing detention order under PSA against one Khursheed Ahmad Sanaie of Fallchill Khansahib Budgam.
“The grounds of detention and the dossier, if in similar language, go on to show that there has been non-application of mind on the part of the Detaining Authority,” the court said, adding, “The similarity of contents of grounds of detention and police dossier in the instant case clearly exhibits mechanical functioning of the detaining authority, thereby making the impugned order of detention unsustainable in law.”
The court also directed release of Sanaie from the preventive custody forthwith “provided he is not required in connection with any other case.”
The court also quashed detention order against Ashiq Hussain Bhat alias ‘Hogard’, a resident of Srinagar.
“If we have a look at the grounds of detention, it bears reference to FIR No.95/2021of P/S Harwan,” the court said, adding, “It was incumbent upon the respondents to furnish not only the copy of the FIR but also the statements of witnesses recorded during investigation of the said FIR and other material on the basis of which petitioner’s involvement in the FIR is shown, which has not been done. Even the copy of the dossier of detention has not been supplied to the petitioner.”
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