Srinagar: Jammu and Kashmir High Court has set aside its single bench’s verdict by virtue of which it had upheld the Public Safety Act against a youth Baramulla.
Allowing the appeal filed against single bench’s judgment, a division bench of Justices Mohammad Yaqoob Mir and Ali Mohammad Magrey ordered authorities to release the detainee, Shabir-ul-Islam Ganie, a resident of Baramulla district.
The District Magistrate, Baramulla, vide order (No.69/DMB/ PSA/2017) on 17 July last year, had ordered his detention, in pursuance of which Ganie has been taken into custody.
Where a person is taken into preventive custody so as to deter him from indulging, in any manner, prejudicial to the security of the State, the initial period of detention has to be only six months extendable up to two years. The first spell of six months has expired in the month of January, this year. The second spell of six months, as has been extended, has to expire in the month of July. By now GAnie is in custody for more than nine months. He had challenged detention order and the single bench of the court had dismissed the plea 31 January this year.
“Preventive detention, in effect, is an invasion to personal liberty which infringe the right to liberty guaranteed by Article 21 of the Constitution of India. Preventive detention, in view of exception to Article 21, has to be reasonable, shall not be on the ipse dixit of the detaining authority,” the division bench said, adding, “Preventive detention wherever permissible shall adhere to the procedural safeguards. Infraction of safeguards renders the order of detention unsustainable.”
Subsequently, the court allowed the appeal and ordered release of Shabir-ul-Islam Ganie.
