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| HC quashes 2 detentions, orders release of detenues | | |
EARLY TIMES REPORT
SRINAGAR, June 4: High Court (HC) today quashed two detention orders under Public Safety Act and directed release of all the three detenues, if not required in any other offence.
Hearing two separate petitions challenging therein the orders of detention passed by District Magistrates concerned, Justice Vinod Chatterji Koul citing that the detentions are replica of dossier and no opportunity has been given to the detenues to make representation against the detention with competent authority as such quashed all detentions with the direction to the authorities to release them from the preventive custody.
Detenue Nazir Ahmad Khan challenged order No. DMB/PSA/04 of 2020 dated 27.01.2020 passed by District Magistrate, Budgam, detaining Nazir Ahmad Khan S/o Late Mohammad Sultan Khan R/o Kawoosa Khalisa Narbal, Budgam under clause (a) of Section 8 of the Jammu and Kashmir Public Safety Act 1978 to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgement in Kotbhalwal Jail, Jammu has been challenged, in this writ petition through his wife.
Court said, it is imperative upon the detaining authority to inform the detenue that he has a right to make a representation to the detaining authority as well as to the Government and not only that he is to be informed about the time within which such representation is to be made.
Detaining authority Court said has, in essence, violated Constitutional and Statutory rights of detenue, guaranteed under Article 22(5) of the Constitution of India and Section 13 of the Act of 1978 and resultantly vitiates impugned detention as detenue had a right to move a representation to the detaining authority till the detention order was approved.
Detenue Mohammad Maqbool Dar challenged the Order No.27/DMP/PSA/20 dated 12.09.2020, issued by District Magistrate, Pulwama, placing detenu, namely, Mohammad Maqbool Dar S/o Ghulam Ahmad Dar R/o Hariparigam Tehsil Awantipora District Pulwama, under preventive detention in terms of J&K Public Safety Act, so as to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgement in Central Jail Kot Bhalwal, Jammu.
Justice Vinod Chatterji Koul observed that recourse to normal legal procedure would be time consuming and would not be an effective deterrent to prevent the detenu from indulging in further prejudicial activities, affecting maintenance of public order or security of the State, and that there was no other option except to invoke the provisions of the preventive detention Act as an extreme measure to insulate. No doubt the offences alleged to have been committed by detenu are such as to attract punishment under the prevailing laws but that has to be done under the said prevalent laws and taking recourse to preventive detention laws would not be warranted. Preventive detention involves detaining a person without trial in order to prevent him from committing certain types of offences. But such detention cannot be made a substitute for the ordinary law and absolve the investigating authorities of their normal functions of investigating crimes which the detenu may have committed. After all, preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial. (JNF) |
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