HC overturns PSA on Masarat Alam passed while earlier in force

HC overturns PSA on Masarat Alam passed while earlier in force

Srinagar: The J&K High Court has overturned 37th Public Safety Act (PSA) order against Muslim League Chairman Masarat Alam Bhat on the ground that the detention order has been passed during concurrence of earlier detention order while no fresh activity has been attributed to him.
The detention order No.90/DMB/PSA/2018 dated 13.11.2018, passed by District Magistrate Baramulla against Masarat Alam was challenged on the ground whether fresh detention order could be passed when earlier one was in force.
The earlier PSA slapped by District Magistrate Kupwara on 14 November 2017 was expiring on 12 November 2018, but without releasing Alam, a fresh order by District Magistrate, Baramulla was passed on 13 November 2018.
Alam’s counsel Mian Qayoom argued how the detention order could be passed when Alam was already in the custody.
“It is only when, after the expiry of the period of detention, the detenue is released and he indulges in any activity which is prejudicial to the security of the state that he can be again detained under the provisions of PSA. In the instant case, the detenue not been released, there was, therefore, no fresh material available with the respondent No.2 (District Magistrate, Baramulla) for detaining the detenue under the provisions of PSA,” Counsel Qayoom stated.
He also submitted in the court that authorities making substantial reference of earlier incidents and FIRs for justifying the fresh detention of the petitioner was insensitive, which “cannot be done under law”.
Justice Rashid Ali Dar while overturning the detention order said, “It is well settled law that when the detention order is quashed by the Court, grounds of the order so quashed should not be taken into consideration, either as whole or in part, even along with fresh grounds of detention for drawing subjective satisfaction to pass fresh detention order. It is to be appreciated that once the Court sets-aside the detention order, it nullifies the entire order.”
“In view of the facts the order of detention impugned does not sustain and the petition is allowed and detention order No.90/DMB/PSA/2018 dated 13.11.2018, passed by the District Magistrate, Baramulla – respondent No. 2, is quashed. Resultantly, the respondents are directed to release the detenue from preventive detention, provided he is not required in connection with any other case.”
The petition was moved by Alam’s Uncle before court.