
Srinagar- The High Court of J&K and Ladakh has quashed the detention of Zahoor Ahmad Bhat, brother of the founder of Jammu and Kashmir Liberation Front (JKLF), and ordered his release, if not needed in any other case.
“The legal position is well settled that resort to preventive detention has to be taken only in cases where there is an urgent need to detain a person so as to prevent him from indulging in activities which are prejudicial to the maintenance of public order or security of the State,” a bench of Justice Sanjay Dhar while quashing detention order dated 28 June 2022 passed by District Magistrate, Kupwara against one Zahoor Ahmad Bhat of Mirpora Trehgam Kupwara.
“When there is unsatisfactory and unexplained delay in executing the order of detention, such delay would throw considerable doubt on the genuineness of the subjective satisfaction recorded by the detaining authority,” the court said, adding, “This would lead to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the (detainee)”.
Subsequently the court ordered release of Bhat provided he is not required in connection with any other case.
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