Srinagar: The Jammu and Kashmir High Court has quashed detection order under Public Interest Litigation against two detainees and ordered their release forthwith.
A bench of Justice Mohammad Yaqoob Mir while quashing PSA order (No.22/DMP/PSA/17) , passed by District Magistrate Pulwama 13 December last year, against Mudasir Ahmad Malik, observed that the object of passing the order of detention was to deter a person from acting in any manner prejudicial to the security of the State or public order. “When the movement of the person is already under curtailment i.e. is in custody in connection with a criminal case, then there can be no requirement of preventive detention, unless, of course, circumstances exist for passing order of detention,” the court said, adding, “Preventive laws have the effect of depriving a person of liberty which is precious, deprivation thereof at times may be unavoidable, for justifying such deprivation, safeguards as are provided by law are required to be respected. A person who dares to cause any type of insecurity or threatens security of the State has to be dealt with iron hand but for so doing the Constitutional safeguards as are available are also to be respected.”
Meanwhile, a bench of Justice M K Hajura quashed order of detention (15/DMK/PSA of 2017) passed on 20 October last year by District Magistrate, Kupwara against Mohammad Shafi Mir son of Abdul Gaffar Mir of Supernaghama of the district forthwith from the preventive custody “unless required in any other case.”
