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| HC quashes PSA of 6 detenues | | | Et Report
Jammu, Dec 5 : Justice Bansi Lal Bhat of J&K High Court Srinagar Wing has quashed PSA of six detenues who were detained by the order of District Magistrate Anantnag on different dates.
State High Court quashed the detention of six detenues namely Muzaffar Ahmad Wani, Mushtaq Ahmad Ganai alias Niyama, Imtiyaz Ahmad Bhat, Irshad Ahmad Dar, Mukhtar Ahmad Dar and Showkat Ahmad Itoo.
In the petitions, petitioners seeking quashment of detention order which have been slapped upon them by District Magistrate Anantnag invoking powers under Section 8 of the Jammu and Kashmir Public Safety Act as his activities were found to be "prejudicial to the security of the State" and "maintenance of public order".
The court after hearing both the sides observed that Article 22(3)(b) of the Constitution of India which carves out an exception to Article 21 of the Constitution of India guaranting right to liberty, authorizes the concerned authorities to pass orders in the nature of preventive detention but while passing such orders, authority concerned has to be alive to the mandate of Article 21 protecting personal liberty of a person. Such power is required to be exercised in a manner, which does not have the trappings of depriving a person of the liberty guaranteed by the Constitution of India. An exceptional case has to be carved out justifying preventive order. Procedural safeguards have to be observed. A detenue can claim prejudice, if procedural safeguards are not adhered to. He can claim that his liberty had been curtailed de hors the law. Court held that facts attending upon this case and the legal position, the impugned order of detention is held to be unsustainable and quashed the detention orders passed by District Magistrate Anantnag. JNF |
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