Early Times Report
JAMMU, Jan 15: Vacation Judge of J&K High Court Srinagar Wing Justice Rashid Ali Dar while hearing different 18 heabeas corpus petition quashed the detention of 18 petitioners namely Mohammad Hanief Sheikh, Abdul Majid Shah, Arizoo Bashir Najar, Shameem Ahmad Mir, Abdul Majeed Mir, Fayaz Ahmad War, Meera Khan, Ghulam Rasool Kaloo, Javed Ahmad Mir, Rameez Ahmad Mir, Aijaz Ahmad Khan, Nissar Hussain Rather, Aijaz Ahmad Sheikh, Bilal Ahmad Kaloo, Irfan Ahmad Wani, Khalid Nazir Wagay, Inayat Manzoor Najar and Mohammad Nadeem and directed respondents to release the detenues from preventive detention, provided he is not required in connection with any other case.
While quashing detentions order, Justice Rashid Ali Dar after hearing both the sides in length in one the petition observed that it is well settled law that when the detention order is quashed by the Court, grounds of the order so quashed should not be taken into consideration, either as whole or in part, even along with fresh grounds of detention for drawing subjective satisfaction to pass fresh detention order. It is to be appreciated that once the Court sets-aside the detention order, it nullifies the entire order. The Detaining Authority, therefore, cannot make use of the grounds that were relied upon to pass the earlier detention order(s) or activities that were detailed in such grounds. No such recourse is available where the earlier detention order is struck down by the Court as it sets at naught not only detention order but the grounds on which the detention order is based. |
