Srinagar- The High Court of J&K and Ladakh has quashed detention orders under Public Safety Act against two detainees, one of them a 21-year-old youth, and ordered their release forthwith if not required in any other case.
“It is clear 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,” a bench of Justice (M.A.Chowdhary said while quashing detention order under PSA, passed by District Magistrate Pulwama, against Sahil Farooq Mir of Chakoora, at present, Noorpora Awantipora, on 25 October 2023.
“In the instant case, the said link is completely missing as the time between the order of detention and the incident(s) referred to in the grounds of detention is far too large to presume such a link”, the court said.
Subsequently, the court directed release of the 21-year-old from the preventive custody “forthwith provided he is not required in connection with any other case.”
Meanwhile, the court also quashed detention order, passed on 24 June 2022 by District Magistrate Kupwara, against Fareed Ahmad Chouhan of Reshiwari Awoora Trehgam area of the north Kashmir district.
“The requirement of law is that whole of the record, on which the detention order is based, has to be made available to the detenue in the language that he understands,” the court said, adding, “There is nothing like execution report on the record to suggest that material relied upon to base detention has been furnished to the detenu in his language, so as to make an effective representation.”
The failure on the part of the detaining authority to supply material renders detention illegal and unsustainable, the court said.
“Respondents, including Jail Superintendent concerned, are directed to release the detenu (Fareed) forthwith provided he is not required in any other case(s).”
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