IIOJK HC quashes PSA detention of 5 persons

HC quashes PSA detention of 5 Kashmiri men – Kashmir ReaderSrinagar, December 19 (KMS): In Indian illegally occupied Jammu and Kashmir, the High Court has quashed the illegal detention orders issued under draconian law, Public Safety Act (PSA), against five persons.

The detention order under PSA against Khalid Hussain Malik was quashed by the High Court after the occupation authorities admitted that the detention order was passed on 18 March 2018, but was executed on 4 August 2019, while the FIRs against Malik were registered in 2017.

The court said that the gap between the issuing of the PSA detention order and its execution was almost a year and six months, which could not be sustained in the eyes of law. The court said that in the absence of proper explanation for why a period of 15 months elapsed after issuing the order of detention, the same had to be set aside.

In case of Farooq Ahmad Malik, the court recorded that the petitioner was already in custody and this fact was well known to the detaining authority and despite that, the detention order dated 4 July 2019 was executed after more than three months of its issuance, on 21 October 2019, which was violation of the law.

In the cases of Asif Ahmad Malik, Mohammad Yousuf Butt and Saboor-ul-Haq Malla, the court quashed the detention orders on the grounds that the detenues were not supplied with relevant material to make an effective representation, which is their constitutional right.

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