Srinagar- Observing that grounds of detention should be self sufficient and self explanatory, the High Court of J&K and Ladakh on Friday quashed three detention orders under Public Safety Act and ordered their release provided they are not required in connection with any other case.
While quashing detention order dated 13 July 2024 against Miyan Muzaffer of Barzulla Srinagar, a bench of Justice Moksha Khajuria Kazmi observed that if a detainee is not informed about his right as enshrined in the Constitution, the opportunity granted by the Constitution itself becomes an exercise in futility if not a nullity.
“The grounds of detention must be self sufficient and self explanatory,” the court said, adding, “The detaining authority is under an obligation to furnish all the pertinent and proximate facts and material relied upon in passing the detention order to the detenue”.
In case of Miyan, the court said that the relevant material was not supplied to his family or him even on their request, which was essential for making an effective representation.
“The subjective satisfaction is the condition precedent for the exercise of power conferred on the executive and the constitutional Court can always examine whether the requisite satisfaction is arrived at by the authority, if it has not, the exercise of power would be bad,” the court said, adding, “In this case the detaining authority has not based the impugned order on its subjective satisfaction; in reaching to the requisite satisfaction.”
Underling that detaining authority has not applied its mind to the relevant circumstances, the court said, “detention order is based on material extraneous to the scope and purpose of the statute. The grounds on which the impugned order has been based are not only vague, but illusive also.”
There is neither any clarity nor any live and proximate link between any past conduct of the detainee, and the imperative need to detain him, the court said. “The Advisory Board has also not specified effectively the sufficient cause for the detention of the detenue. “
Meanwhile a Bench of Justice Sanjay Dhar quashed detention order passed by District Magistrate Shopian against Javaid Ahmad Beigh and Zahid Nisar Hajam on 24 January 2023 and 17 July 2023 respectively against the residents of the south Kashmir district. The court in all three cases ordered release of the detainees forthwith if not needed in any other case.
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