Quashes detention under ‘lawless law’ of 15 detainees, orders their immediate release
Srinagar: Preventive detention is serious invasion of personal liberty and meagre safeguards that the constitution provides against improper exercise of the power, must be “jealously watched” and enforced by the Court, the Jammu and Kashmir High Court has said and quashed detention order under Public Safety Act against 15 detainees.
“In case of preventive detention, no offence is proved and the justification of such detention case is suspicion or reasonable probability, and there is no conviction, which can only be warranted by legal evidence…..To prevent misuse of this potentially dangerous power the law of preventive detention has to be strictly construed and meticulous compliance with the procedural safeguards, however, technical, is mandatory and vital,” a single bench of Justice Tashi Rabstan said while quashing detention order under of Shoib Ahmad Czor of Sangri Colony Baramulla under PSA, described as “lawless law” by amnesty international.
The court also quashed detention orders under PSA against Bashir Ahmad Wani of Bangdara Baramulla, Ghulam Ahmad Parray of ParrayMohalla Hajin, Tawseef Ahmad Khan alias Tarzan of QaziHamam Baramulla, Ahmad Mir alias NIK Mir of Delina Baramulla, Zubair Ahmad Wani of Qazipora Bandipora, Showkat Ahmad Bhat of Dooru Sopore, Mohammad Rafiq Ganie of Meemender Shopian, Khazir Mohammad Ganie of Panzipora Baramulla, Shahid Ahmad Dar of Sozeath, Narbal, Ghulam Rasool Najar of Bomai Sopore, Sajad Ahmad Shiekh of Manzmohalla Hajin, Shakeel Ahmad Itoo of Barbugh Imamsahib Shopian, Bilal Ahmad Beigh of Rinan Bonpora Handwara and Bashir Ahmad Hajam of Hamray Pattan. The court ordered the authorities to release them. While nine of the detention orders were quashed by Justice Tashi Rabstan, other six orders were quashed by Justice Ramalingam Sudhakar.
The detainees were represented by advocates Mian Qayoom, Mir Shafaqat Hussain, Nasir Qadri, Mian Tufail, Ateeb Kant, Mir Majid Bashir and Bakht Parvaiz.