The High Court of Indian illegally occu-pied Jammu and Kashmir (IIOJK) nullified five detention orders under the Public Safety Act (PSA) and directed authorities to release the detainees from preventive custody.
According to Kashmir Media Service,. Justice Sanjay Dhar invalidated the PSA orders of four individual: Ikhlaq Gulzar Thokar, Ajaz Ahmad Khan, Javaid Ahmad Kaloo, and Tahir Shameem Lone, who were detained by District Magistrates of Shopian, Ganderbal, Srinagar, and Shopian, respectively, on various dates.
Justice Moksha Kazmi annulled the PSA of Mufeez Ahmad Zargar from Tral Pulwama, detained by the District Magistrate Pulwama. The court directed the release of the detainees forthwith, unless required in connection with other cases.
The judgments highlighted the non-application of mind by the Detaining Authority, rendering the detention orders unsustainable in law. The court observed that Khan’s detention was linked to the Shri Amarnathji Yatra of 2022, making his preventive detention unnecessary post-event.
Justice Kazmi emphasized the importance of pro-viding detainees with the material upon which the detention order is based, stating that failure to do so renders the detention order illegal and unsustainable.
Justice Kazmi emphasized the importance of pro-viding detainees with the material upon which the detention order is based, stating that failure to do so renders the detention order illegal and unsustainable.
In Kaloo’s case, the court noted breaches in observing vital safeguards against arbitrary use of preventive detention, rendering the detention order unsustainable. Similarly, the judgment highlighted the failure of the detaining authority to mention that Lone had already been granted bail in another case.—KMS
