Srinagar: Observing that a duty is cast on the shoulders of the Court to enquire the decision of the Executive, the Jammu and Kashmir High Court on Friday quashed detention order under Public Safety Act against a youth from south Kashmir’s Anantnag district.
“Life and liberty of the citizens of the State are of paramount importance. A duty is cast on the shoulders of the Court to enquire that the decision of the Executive is made upon the matters laid down by the Statute and that these are relevant for arriving at such a decision,” a bench of Justice M K Hanjura observed.
“A citizen cannot be deprived of personal liberty, guaranteed to him/her by the Constitution, except in due course of law and for the purposes sanctioned by law,” the court said and quashed order (No. 10/DMA/PSA/DET/2017) passed by the deputy commissioner Anantnag on 5 August last year, ordering detention of Irshad Ahmad Chopan son of Late Ghulam Nabi Chopan of Kokagund, Verinag, Tehsil
Doru in the Anantnag district. The court ordered authorities to release Chopan forthwith from the preventive custody, “if not required in any other case.”“
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