Srinagar: The Jammu and Kashmir High Court has quashed detention order under Public Safety Act against Salman Khan, a resident of Baramulla and directed government to release him from preventive custody forthwith.
A bench of Justice Mohammad Yaqoob Mir passed the order, observing that the dossier against him was replica of one which formed basis of a previous preventive detention against Khan alias Gasha son of Tariq Ahmad Khan of Kripalpora Sari District Baramulla.
Khan has been taken into preventive detention and lodged in Central Jail Kotebhalwal. He’s in custody for nearly four months.
“Perusal of the records reveals that the grounds of detention are the verbatim copy of the dossier with small changes of words here and there. In the dossier in the beginning of every para it is record “the subject” whereas in the grounds of detention every para begins with the words “you were, you have”, rest of the wording is same as contained in the dossier,” the court said, adding, “It being so, non-application of mind is the only inference to be drawn.”
Referring to a number of apex court judgments, the court allowed Khan’s petition and quashed PSA (order No.131/DMB/PSA/2017) passed on 23 October last year. “The (detainee) is directed to be released from the preventive custody forthwith,” the court ordered.
