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| HC quashes separatist Asiya's detention under PSA | | | Early Times Report
srinagar, Dec 15: The state high court today quashed detention of Dukhtaran-e-Millat founder Asiya Andrabi under PSA, observing that routine allegations without any supporting material cannot form base for order of detention.
Disposing of a petition filed by separatist Andrabi, Justice Mohammad Yaqoob Mir directed authorities to release her forthwith.
Her counsel submitted that she was suffering from various ailments, which submission could be taken care of by directing the authorities concerned to provide her proper medical aid and facility whatever required.
In the grounds of detention, the district magistrate, Srinagar, has said that she has an active role in devising the programmes with secessionist elements who have created large scale violence in the ongoing unrest. "In addition thereto, by giving highly proactive speeches these elements are being motivated to indulge in illegal activities aimed at creating large scale disturbance in the valley affecting maintenance of public order," he added.
She had allegedly been exploiting the present situation by instigating the disgruntled elements to support the programmes given by the secessionist elements, the magistrate said.
"How district magistrate has formulated the grounds of detention is not clear from the records as produced. No case is shown to have been registered against her. Simply SSP has prepared a dossier based on which grounds of detention appear to have been copied. The dossier has been prepared by the SSP without any supporting material. DM perhaps too has not asked for the material based on which dossier has been prepared, which, in turn, suggests that the whole process has been hoodwinked for detention of the detenue," the court said.
The bench observed that preventive laws have the element of depriving a person of his liberty. "Liberty is guaranteed under Article 21 of the Indian Constitution. Sometimes prevention may be imperative which is an exception but for invoking exceptional clause, care has to be taken for safeguarding the rights which are guaranteed under the Constitution of India," the court said, observing that from the perusal of records it was quite clear that no material which formed base for the grounds of detention and the consequent order of detention had been supplied to Andrabi, as a result of which a valid constitutional right of effective representation against the detention had been violated. "The grounds of detention are vague, unsupported by any material. Routine allegations without any supporting material cannot form base for order of detention," the court said and quashed her detention order. |
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