Srinagar, April 27 (GNS): Jammu and Kashmir High Court has quashed detention of two individuals booked underneath Public Safety Act.
A bench of Justice Sanjeev Kumar quashed detention order of Abdul Qadoos Rather, a resident of Kupwara who was booked underneath PSA on 22 November 2019 and Riyaz Khaliq Parray, booked underneath the regulation on 17 February final 12 months by District Magistrate Baramulla.
The court docket directed authorities to launch them from the preventive custody instantly and forthwith except not required in another case.
In case of Riyaz Khali Parray, the court docket noticed that he was detained underneath preventive detention for his alleged involvement in subversive actions which led to the registration of FIR No.161/2019 underneath Sections 18, 39 of ULA(P) Act and seven/25 Arms Act.
(*2*) the court docket mentioned, including, “It is because of this omission on the part of Senior Superintendent of Police, the detaining authority has categorically stated in the grounds of the detention that the detenue was under judicial remand and that there was every likelihood of his being admitted to bail.”
The detaining authority, the court docket mentioned, has additionally famous that there was well-founded apprehension primarily based on report obtained from discipline data that Parray, if launched on bail, would once more bask in subversive actions
“In view of aforesaid, it is clear that either there is lapse on the part of police to provide all relevant material to the detaining authority or there is lack of application of mind on the part of detaining authority,” the court docket mentioned, including, “The fact, however, remains that at the time of passing of the detention order, the detaining authority was not aware whether the detenue was in police/judicial custody or he stood released on bail. It is difficult for me to say as to what impact it would have made on the satisfaction of the detaining authority but it cannot be denied that it was a relevant information that was required to be produced before the detaining authority to enable it to derive subjective satisfaction with regard to necessity of placing the petitioner under preventive detention.” (GNS)