Says compelling reasons to detain them lacking
Srinagar: The J&K High Court has overturned Public Safety Act (PSA) against seven persons on the ground that the detaining authority lacked any compelling reasons to detain them.
A single bench of Justice M K Hanjura quashed four PSA detentions while three other detentions were quashed by Justice Ali Mohammad Magrey and Justice Janak Raj Kotwal.
In all these detentions, court held that life and liberty of the citizens of the state are of paramount importance. “A duty is cast on the shoulders of the Court to enquire that the decision of the Executive is made upon the matters laid down by the Statute and that these are relevant for arriving at such a decision. A citizen cannot be deprived of personal liberty, guaranteed to him/her by the Constitution and of which, he/she cannot be deprived except in due course of law and for the purposes sanctioned by law.”
The court directed authorities to release all the detainees which include, Naseer Ahmad Bhat of Malangpora, Awantipora, Javid Ahmad Mir of Hajin, Tehsil Kralgund, Qaziabad, District Pulwama, Abdul Rashid Sheikh of Behrampora, Rafiabad, District Baramulla, Shahid Ahmad Wani of Kanigam, District Shopian, Gh. Mohi-Ud-Din Malik of Baramulla, Jameel Ahmad Bhat of Chechiloora, Pattan, District Baramulla and Suhail Ahmad Bhat of Kupwara.
Meanwhile in most of the cases, the court, while quashing the PSA detentions, has remarked that no new (criminal) activity has been shown by police agencies as grounds to detain a person under PSA. Also lacunae in police dossiers led to overturn these detentions.