Srinagar, July 21 (KMS): In occupied Kashmir, the High Court has overturned draconian law, Public Safety Act (PSA) of a man hailing from Kulgam, booked under the act in February, this year.

Sartaj Ahmad Dar, hailing from Devsar, Kulgam is the brother of a martyred freedom activist, Shakoor Ahmad Dar. He was booked under public safety act on February 15, by District Magistrate Kulgam. The detention was challenged by his counsel Shah Ashiq Hussain.

A bench of Justice Rashid Ali Dar remarked that the detaining authority had not applied mind in passing the order. Citing the law laid down by the Indian Supreme Court, the bench held that procedural requirements were to be strictly complied with if any value was to be attached to the liberty of the subject and the constitutional rights guaranteed to him in that regard.

The court held that in keeping with law, the individual could not have been detained by taking recourse to the provisions of the Public Safety Act when he was already admitted to bail in the cases registered against him.

“The detention order is quashed and the detenue be released forthwith from custody provided he is not required in other case,” the court ordered.

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