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| HC upholds PSA of 1, quashes 5 detentions | | |
Early Times Report
SRINAGAR, July 7: The Jammu & Kashmir High Court has quashed detention orders of five detainees held under Public Safety Act (PSA) and directed the authorities to release them from the custody where as uphold the detention under PSA of one.
The court while hearing the two separate petitions filed by Suhaib Azim Khan, Basit Ahmad Shah, Jahangir Ahmad Bhat, Kamaljeet Singh and Ali Hussain challenging their detention orders passed against them by district magistrates of Anantnag, Budgam, Pulwama and Jammu, quashed all detention orders and directed the jail authorities to release both the detainees forthwith from the custody, if they are not required in any other case whereas High Court upheld the detention of Mohammad Shaban Bhat seeking quashing of Order no."K7160/2021 dated 10.09.2021 (for brevity "order impugned') passed by Divisional Commissioner, Kashmir (for short "detaining authority"), in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Justice Rajneesh Oswal while quashing the detention order of Kamaljeet Singh and Ali Hussain order of detention is not sustainable in the eyes of law as the respondent 3 was under obligation to bring to the notice of respondent 2 all the material facts so that the respondent 2 would have been in a position to derive his subjective satisfaction with regard to the existence of grounds necessitating the detention of the petitioners.
Justice Vinod Chatterji Koul while quashing the detention orders of Suhaib Azim Khan, Basit Ahmad Shah and Jahangir Ahmad Bhat observed that it is evident that the whole of the material was not placed before the detaining authority so as to enable it to record its subjective satisfaction that the passing of detention order is necessary so as to prevent the detenu from indulging in activities which are prejudicial to the security of the state. This too vitiates the order of detention.
While upholding the detention under PSA of Mohammad Shaban Bhat passed by Divisional Commissioner, Kashmir (for short "detaining authority"), in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Justice Koul observed that the present case relates to illicit trafficking of narcotic drugs. The drug problem is a serious threat to public health, safety and well-being of humanity. |
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