Early Times Report
SRINAGAR, Apr 24: Justice Tashi Rabstan of J&K High Court Srinagar wing today decided three different habeas corpus petition and quashed the Public Safety Act (PSA) order passed by District Magistrate Kulgam in all the three petitions and directed Jail Superintendent to release the detenues namely Umar Ahmad Dar, Azad Ahmad Sheikh and Shabir Ahmad Wani, forthwith, provided he is not required in any other case.
While allowing the petitions, Justice Tashi Rabstan observed that impact facet of the matter has unmasked while having a close peep of impugned order of detention. It intriguingly mentions that it is “on the basis of grounds of detention placed before” detaining authority “by the Superintendent of Police Kulgam” that detaining authority is satisfied to place detenu under preventive detention. It is made clear here that detaining authority may get inputs from different agencies, including Superintendent of Police of concerned District, but responsibility to formulate grounds of detention, however, exclusively rests with detaining authority. It is detaining authority, who has to go through reports and other inputs received by him from concerned police and other agencies and on such perusal arrive at a subjective satisfaction that a person is to be placed under preventive detention. It is, thus, for detaining authority to formulate grounds of detention and satisfy itself that grounds of detention so formulated warrant passing of the order of preventive detention. However, in the present case, it is apparent and evident from impugned order of detention that grounds of detention have not been prepared by detaining authority and as a corollary thereof impugned detention order is vitiated. JNF
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