Srinagar- The High Court of J&K and Ladakh on Wednesday held that a person cannot be detained under preventive detention on the basis of “totally vague and unsubstantiated allegations”.
A bench of Justice Sanjeev Kumar made the observations while quashing detention order under Public Safety Act against one Bashir Ahmad Koka, 49, of Achabal Anantnag passed by the Deputy Commissioner of the south Kashmir district in June last year.
Interestingly, the detaining authority had “primarily” detained Koka on the basis of allegations contained in FIR No. 11 of 2004 in which he was ultimately acquitted by long back. He had been earlier booked under PSA on the same allegations and the court had already quashed the earlier detention order in 2021.
“It is on the basis of this FIR, as also the general allegations that because of his allegiance with proscribed terrorist organisation, there was apprehension that petitioner would disturb Holy Shri Amarnath Ji Yara, a detention order was passed against the petitioner on 19th October, 2021. This order of detention ….. was quashed..,” the court said, adding, “There is nothing on record, more particularly in the order of detention, that after the petitioner (Koka) was released pursuant to the order of this Court dated 19th April, 2022, the petitioner indulged in new activities till the passing of impugned order of detention.
There is not even a whisper about the prejudicial activities, Koka indulged in w.e.f. 19th April, 2022, till the passing of order of detention dated 25th June, 2022, the court said.
“I also see no reason to press into service an FIR registered in the year 2004, more particularly when the petitioner has already faced trial in the aforesaid FIR and has been acquitted by the competent Court of jurisdiction,” the court said, adding, “Interestingly, the Detaining Authority has not shown any awareness about the acquittal of the petitioner in the aforesaid FIR.”
It is a “foregone conclusion”, the court said that the Detaining Authority did not take into consideration the relevant material to derive its subjective satisfaction with regard to the necessity of placing Koka under preventive detention.
“A person cannot be detained under preventive detention on the basis of totally vague and unsubstantiated allegations,” the court said, adding, “The Detaining Authority could have come clear with regard to the prejudicial activities, the petitioner had indulged in, after his release from earlier detention pursuant to the order of this Court dated 19th April, 2022, till the passing of the impugned order of detention.”
Subsequently, the court quashed the detention order PSA and ordered authorities to release him forthwith from the preventive custody provided he is not required in any other case.
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