Srinagar: Observing that an exceptional case has to be made out for passing the preventive order, the Jammu and Kashmir High Court has quashed detention orders under Public Safety Act against two detainees including ‘Iff Toath’ and ordered their release from preventive detention.
A bench of Justice Mohammad Yaqoob Mir quashed the detention order (No.21/DMB/PSA/2017), passed by District Magistrate Baramulla on 8 May this year against Mohammad Abdullah Bhat alias ‘Iff Toath’ who is lodged in Central Jail, Kotbalwal Jammu. Bhat’s counsel G. N. Shaheen contended that he was not allowed an effective representation against the detention order by not supplying the material forming base for the grounds of detention and the consequent order of detention. He said grounds of detention are in English language besides being in a hyper technical language and that translated copies were not provided to Bhat so he could understand the same.
“The constitutional philosophy of personal liberty is an idealistic view, the curtailment of liberty for reasons of States’ security, public order, disruption of national economic discipline etc. being envisaged as a necessary evil to be administered under strict constitutional restrictions,” the court said, underling personal liberty protected under Article 21 of the Constitution of India is so sacrosanct and so high in the scale of constitutional values that it is the obligation of the detaining authority to show that the detention meticulously accords with the procedure established by law.
“In short, an exceptional case has to be made out for passing the preventive order, still then procedural safeguards are to be respected. Breach in observing the procedural safeguards gives right to the (detainee) to claim that he has been prejudiced as his liberty has been curtailed de horse the law,” the court said and quashed the detention order against Bhat.
“Detainee is directed to be released from the preventive custody forthwith provided he is not required in connection with any other case(s),” the court said. The court also ordered release of Abdul Khaliq Regu of Baramulla after quashing detention order under PSA against him.
“The object of preventive custody is to deter a person from acting in any manner, in the present case prejudicial to the security of the State. The object of detention has been totally misused. There was no requirement of passing impugned order of detention when (Regu) after release had been taken into custody in connection with criminal case,” the court said, “Again a question mark when earlier order of detention was quashed, it was directed that (Regu) shall be released forthwith provided he is not required in connection with any other case. The case FIR No. 273/2016 PS
Baramulla was already registered against (Regu). How he has been shown released on 3-06-2017 and then re-arrested on 16-06-2017, is a million dollar question which has remained unanswered.”
Subsequently, the court quashed the PSA detention order and directed authorities to release him
forthwith “provided he is not required in connection with any other case.”
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