| PSA detention cannot rest on stale grounds, rules High Court | | | Early Times Report
JAMMU, May 5: The High Court of Jammu & Kashmir and Ladakh has quashed two separate preventive detention orders passed under the Jammu & Kashmir Public Safety Act, holding that stale allegations cannot be made the basis for curtailing personal liberty under the garb of "maintenance of public order."
Justice Rahul Bharti, in two similarly reasoned judgments, set aside the PSA detentions of Irfan Majeed Lone, 36, resident of Logripora Zaingeer Sopore, and Suhail Ahmad Parray, 27, resident of Bangar Mohalla Hajin, Bandipora, and directed their immediate release from the concerned jails.
In the case of Irfan Majeed Lone, the detention order had been passed by the District Magistrate, Baramulla vide Order No. 04/DMB/PSA/2025 dated April 28, 2025. He was taken into preventive custody on April 30, 2025, and the order was subsequently approved and confirmed by the Government through the Home Department. The petitioner had challenged the detention through his father, pleading that criminal cases pending against him were wrongly used to impose punitive punishment in the garb of preventive detention. He was represented by Advocate Arshad Andrabi, while Dy. AG H. Aman Ali appeared for the respondents.
In the second matter, the High Court quashed detention Order No. 02/DMB/PSA of 2025 dated May 1, 2025, passed by the District Magistrate, Bandipora, against Suhail Ahmad Parray. He was taken into preventive custody on May 2, 2025, and the order was later approved and confirmed by the Government. The petition was filed through his brother Aqib Zahoor Parray. Suhail was represented by Advocate Humaira Shafi, while GA Jahingeer Ahmad Dar appeared for the UT.
After examining the grounds of detention, the Court observed that the alleged antecedents relied upon by the District Magistrates were stale and could not validly justify preventive detention. The Court further held that the material relied upon by the authorities fell within the realm of "law and order" and not within the arena of "maintenance of public order."
The Court held both preventive detentions to be illegal and accordingly set aside the detention orders along with the approval and confirmation orders passed by the Government of UT of J&K through the Home Department.
Justice Bharti directed that both detainees be restored to their personal liberty by immediate release from the concerned jails, with the Jail Superintendents asked to act in compliance with the Court's directions.
The judgments underline that preventive detention cannot be used as a substitute for ordinary criminal prosecution, especially where the grounds are stale and do not disclose any real threat to public order.
(JNF) |
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