Early Times Report
SRINAGAR, July 29: In three different petitions challenging the detention o under the Public Safety Act, the Jammu & Kashmir and Ladakh High Court today quashed the orders against Abid Ahmad Shah, Umar Yousaf Bhat and Sheeraz Ahmad Sheikh and directed authorities to release the petitioners from the preventive custody.
In a petition filed by Abid Ahmad Shah challenging the Order no.33/ DMS / PSA/2019 dated 10.08.2019 passed by District Magistrate Shopian, has placed Abid Ahmad Shah son of Mehraj-ud-din Shah resident of Bala Nowpora, District Shopian (for brevity "detenu") under preventive detention to prevent him from acting in any manner prejudicial to the security of the State.
Justice Tashi Rabstan after hearing both the sides observed that failure on part of detaining authority to supply material, relied at the time of making detention order to detenu, renders detention order illegal and unsustainable. With these observations, Justice Tashi Rabstan disposed of the petition and detention Order no.33/DMS/PSA/2019 dated 10.08.2019, passed by District Magistrate, Shopian, quashed and directed respondents, including Jail Superintendent concerned, are directed to release the detenu forthwith, provided he is not required in any other case.
In other two petitions, Justice Sanjeev Kumar after hearing both the sides quashed the detention orders detention bearing 42/DMP/PSA/ 20 dated 24.11.2020 passed by the District Magistrate, Pulwama ("the Detaining Authority") in exercise of powers conferred under Section 8 of the Public Safety Act ("the Act"), whereby the Umar Yousaf Bhat ("the Detenue") has been detained in preventive custody with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and detention order No. DMS/PSA/54/2019 dated 08.08.2019 passed by the District Magistrate, Shopian ("the Detaining Authority"), detained the Sheeraz Ahmad Sheikh S/o Ali Mohd. Sheikh R/o Batamuran Wanpora, Shopian.
—JNF |
