IIOJK court slams authorities for ‘Losing Message of Law’ in PSA detentions
Srinagar,: Indian illegally occupied Jammu and Kashmir High Court has quashed two detention orders slamming the occupation authorities for failing to provide essential material to justify detention under draconian Public Safety Act.
According to Kashmir Media Service, a bench of Justice Rahul Bharti while making the observations while quashing the detention order under PSA against one Mohammad Afreen Zargar, a resident of Barmulla, said, “Message of law is being lost to the ‘sponsoring authority’ as well as to the ‘detention order making authority’”, resulting in repeat of preventive detention taking place on insufficient material.”
Afreen Zargar was booked under the black law on 10 September 2024.
“Despite ad nauseum reiteration of position of law in this respect through the judgments of this Court, the message of law is being lost to the sponsoring authority as well as to the detention order making authority resulting in repeat of preventive detention taking place on insufficient material and getting quashed through the indulgence of this Court.”
“The present case is no different than what the pool of cases has been suffering quashment from the Court,” the bench added.
“The preventive detention of the petitioner in the present case is, thus, held to be vitiated with suppression and withholding of documents related to the petitioner (Zargar),” the court said.
Meanwhile, a bench of justice Mohammad Yousuf Wani quashed detention order under PSA against one Irshad Ahmad Dar by District Magistrate Baramulla on 21 July 2023.
“The preventive detentions need to be passed with great care and caution keeping in mind that a citizen’s most valuable and inherent human right is being curtailed,” the court said.
