Srinagar: The Jammu and Kashmir High Court has quashed detention order under Public Safety Act against a resident of Bandipora, underling the authorities, while exercising power to order preventive detention, have respect and adhere to various procedural and other safeguards available to a detainee.
“Whenever preventive detention is called in question in a court of law, the first and foremost task before the Court is to see whether the procedural safeguards, guaranteed under Article 22(5) Constitution of India and Preventive Detention Law pressed into service to slap the detention, are adhered to,” a bench of Justice Rashid Ali Dar observed while quashing detention order (No.29/DMB/PSA of 2018-19 dated 03.01.2019) passed by deputy commissioner Bandipora against Abdul Samad Malla son of Abdul Rehman Malla resident of Ganastan Sonawari. The court ordered his release provided he was not required in any other case.
“Keeping in view the hallmark of the cherished right to liberty in keeping with the object of Article 21 of the Constitution of India, while exercising power to order preventive detention, various procedural and other safeguards available have to be respected and adhered to,” the court, adding, “It is the bounden duty of the detaining authority to derive subjective satisfaction before passing the order of detention. If record suggests that there is non-application of mind, that ipso facto means that subjective satisfaction is missing.”
