IIOJK court quashes ‘vague and unspecific’ detentions of 3 Kashmiris
Srinagar: The High Court of Indian illegally occupied Jammu and Kashmir has ordered release of three detainees held under draconian law Public Safety Act describing their detentions as on “vague and unspecific grounds”.
According to kashmir Media Service, allowing their separate pleas, a bench of Justice Sanjay Dhar quashed detention orders against Umer Kabir Mir from Pulwama district, Abdul Ahad alias Ahad Molvi from Baramulla and Muhammad Iqbal Koka from Islamabad districts.
While Mir was detained in terms of order passed by the District Magistrate Pulwama on May 12, 2023, Molvi was booked on the basis of an order dated April 4, 2024 issued by District Magistrate Baramulla. Koka was taken in custody by virtue of an order passed by District Magistrate Islamabad on January 1 last year against him.
The Court directed the authorities to release the detainees forthwith if they were not required in other cases.
“Vagueness of grounds of detention strikes at the root of the subjective satisfaction of the detaining authority thereby vitiating the order of detention,” said the judgment passed by Justice Dhar in case of Mir.
The court said that “vague and nonspecific grounds of detention firstly violate the fundamental right to life and personal liberty of the detainee under Article 21 of the constitution as it summarily curtails the liberty of the citizen based on the subjective satisfaction of the executive which is an exceptional power as against the general law relating to arrest and detention.”
“Vague and non-specific grounds raise the impression that the same has been done deliberately in order to deprive the detainee of giving a precise rebuttal”, it said.
