Early Times Report
SRINAGAR, Feb 10: If order of preventive detention comes to an end either by revocation or by expiry of the period of detention, there must be fresh facts for passing a subsequent order, the high court has said as it quashed government's order under Public Safety Act against a man from Baramulla district.
The order was passed by District Magistrate, Baramulla, whereby Abdul Rashid Rather son of Mohammad Sultan Rather resident of Adoora Narwaw Sheeri was placed under preventive detention for the second time.
"The authoritative judicial pronouncements on the subject are that even if the order of detention comes to an end either by revocation or by expiry of the period of detention, there must be fresh facts for passing a subsequent order," a bench of Justice Tashi Rabstan said.
"When a detention order is quashed by the Court, issuing a high prerogative writ like habeas corpus or certiorari, the grounds of said detention order should not be taken into consideration either as a whole or in part even along with fresh grounds of detention for drawing requisite subjective satisfaction to pass a fresh detention order because once the Court strikes down an earlier order by issuing rule, it nullifies the entire order," the court said. It is, therefore, clear that an order of detention cannot be made after considering previous grounds of detention when the same had been quashed by the Court, and if such previous grounds of detention are taken into consideration while forming subjective satisfaction by detaining authority in making a detention order, the order of detention will be vitiated, the court said further and ordered release of Rather forthwith "provided he is not required in any other case." |
