Srinagar: The Jammu and Kashmir High Court has quashed detentions orders under Public Safety Act against five detainees and ordered authorities to release them forthwith from the preventive detention.
Disposing of a petition filed by Sajad Ahmad Mir through advocate Mian Abdul Qayoom, a bench of Justice Mohammad Yaqoob Mir observed that reference to the past history or circumstances was no bar but for justifying the fresh detention order, there must be fresh facts supported by some documents.
“Simple apprehension or simply to record “there is possibility that the (detainee) may indulge in unwarranted activities” can’t be made basis for detention. Preventive measures are imperative but such prevention has an important aspect i.e. invasion to liberty which is a cherished guaranteed right under Article 21 of the Constitution. The order of detention can’t be passed on the basis of ipse dixit of the detaining authority,” the court said and quashed the detention order PSA against Mir.
In his arguments Mian Qayoom submitted that the grounds of detention which formed base for the earlier detention order could not be made base for the fresh order of detention under PSA.
“Perusal of the grounds of detention as well as the record, as has been produced, is suggestive of the fact that after 12.04.2017, when the detention order dated 22.12.2016 was quashed, no fresh activity or any allegation is attributable to (Sajad) except that the detaining authority has an apprehension, which by no standards can be made base for detention,” the court said and directed that Sajad’s custody shall abide by the directions of the competent court as has been and shall be passed in connection with referred criminal case registered against him.
The court also quashed detention orders against Mohammad Iqbal Wani (Bandipora), Fayaz Ahmad Kumar (Baramulla), Manzoor Ahmad Ganai (Pulwama), Mohammad Iqbal Wani (Bandipora) and Parvaiz Ahmad Kaloo.
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