Srinagar: The Jammu and Kashmir High Court has quashed a detention order under Public Safety Act and ordered authorities to release him forthwith from the preventive custody, unless required in any other case.
“Preventive detention, as has been held in the cases of A.K.Gopalan v. State of Madras (1950) and Rekha vs. State of Tamil Nadu (2011), is, by nature, repugnant to democratic ideas and an anathema to the rule of law,” said a bench of Justice M K Hanjura and quashed the PSA order against Abdul Hamid Mir son of Hafiz-u-Lah Mir of Barnate, Boniyar, District Baramulla Kashmir.
Mir was originally arrested in a case (FIR No. 106/2017 u/s 7/25 Arms Act) was registered against him at Police Station Baramulla. On 28 June last year, he was arrested by the authorities of Police Station, and at the time of the passing of the order of detention, he was in the custody of the authorities. “This F.I.R forms the baseline of the order of the detention of Mir,” the court said.
