HC quashes PSA detention of Sagar

HC quashes PSA detention of Sagar

Srinagar: The J&K High Court on Tuesday quashed the detention order of senior National Conference leader Ali Mohammad Sagar after the court recorded that the grounds of detention of the detenu are so fragile that they do not justify his detention in view of the law laid down by the Supreme Court.
It was said by the court that the detention is also bad because the detenue has been arrested under Sections 107/151 Cr.P.C. and was still in custody when the detention order was passed.
“Detaining Authority in such a case must show that there are compelling reasons for detention in the absence of which his detention would be illegal as held by the Supreme Court in Vijay Kumar vs. Union of India & ors,” Justice Sindhu Sharma recorded in the judgement while quashing the detention order.
The court noted that the inclusion of an irrelevant or non-existent ground among other relevant grounds is an infringement of the first of the rights and the inclusion of an obscure or vague ground among other clear and definite grounds is an infringement of the second of the rights.
“For the aforesaid reasons, this petition is allowed and the impugned detention order No. DMS/PSA/145/2020 dated 05.02.2020 passed by the District Magistrate, Srinagar is hereby quashed. Respondents shall set the detenu at liberty forthwith, provided he is not required in any other case,” the court directed.
Earlier Advocate Shuja-ul-Haq representing the senior NC leader had submitted before the court that petitioner has been detained under stale, cryptic, vexatious and irrelevant grounds which have no bearing upon his conduct or activities.
He had stated that Ali Mohammad Sagar is under continuous detention since 6 August, 2018 and has been detained under Public Safety Act on 5 February, 2020.

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