HC Quashes Detention Orders Issued Under PSA

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has quashed a series of detention orders issued under the Public Safety Act, including that against journalist Fahad Shah. The court found that the detaining authority did not apply its mind while passing the orders.

In one case related to Srinagar resident Peerzada Mohammed Waseem’s detention, the court criticized the district administration for stating in the dossier that the accused had indulged in rioting and stone pelting in 2020, despite being in jail since 2017.

The judge raised the question of how a detenue already behind bars and facing trial could have participated in rioting and stone pelting during that time. Judge Wasim Sadiq Nargal mentioned in his order that this proved that the detaining authority had passed the order without the application of mind.

The court also quashed the PSA order against Amir Ali Bhat, stating that it could be safely concluded that the detaining authority had failed to provide the material relied upon for passing the detention order, making it illegal and unsustainable.

Regarding Fahad Shah, the judge found that the dossier had not been provided to the detenue, pointing out that it was one of the main lacunae in the detention, while in the case of Naseer Ahmad Dar, the PSA order was also cancelled for similar reasons.

The court ordered the authorities to release the detainees immediately if they were not required in any other case, highlighting the lacunae in the detention orders and reaffirming the importance of adhering to procedural requirements in passing such orders. “It is one of the main lacunae in the detention,” the court stated.

The judge, while passing these five orders separately on April 17, asked the authorities to release them forthwith in case they were not required in any other case