Thu. Dec 8th, 2022


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High Court quashes PSA order of three south Kashmir detainees

2 min read

Srinagar: Under the Public Safety Act against three prisoners, the high court has quashed detention orders.

Mukhtar Ahmad Bhat of Shopian, Ishfaq Ahmad Ganie of Pulwama, Amir Shafi Bhat of Pulwama and others are among the detainees whose detention orders have been quashed. Barring Amir’s, the arrest warrants were quashed by the single bench of the court.

“With regard to the proposal put forward by the respondent’s (government) counsel, there is no dispute that preventive detention may be ordered even if the detention is in custody in connection with substantive offences, but in such a situation the detaining authority is obliged to state compelling reasons for taking such action under preventive law,” the court noted in Ahmad.

The detaining authority must state its fear that the detention could be released on bail and that, if released, the detention will again participate in activities prejudicial to the protection of the State.

By making an appeal brought by him against the single bench order, Amir’s detention order was quashed by the division bench, denying his challenge to the PSA order passed by District Magistrate Pulwama on 2 February 2019.

We reiterate that the detaining authority must satisfactorily justify the unreasonable pause in the execution of the detention order, otherwise the subjective satisfaction is vitiated,” the court said, according to a local news agency, Global News Service (GNS), adding, “In the case at hand, in the absence of any adequate explanation explaining the delay of 141⁄2 months, we are of the opinion that the detention duration is 141⁄2 months.

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