Srinagar, March 28 (KMS): In Indian illegally occupied Jammu and Kashmir, the High Court has quashed the illegal detention orders issued under draconian Public Safety Act (PSA), against a youth from Pulwama.
A bench of Justice Rajesh Oswal while quashing the PSA ordered the authorities to release the detainee Ashiq Ahmad forthwith provided he was not required in any other case.
Justice Oswal said, “Bare perusal of the grounds of detention reveals that the detaining authority has relied upon three FIRs while issuing the order impugned. All these FIRs pertain to the year 2016, whereas order impugned has been passed on 6th August 2019. Thus there is a delay of three years in passing the detention order.”
“Thus the delay of three years in passing the order of detention has snapped the link between the prejudicial activities and the purpose for which the detention order is passed.”
In his plea filed through his father, Ashiq had challenged the order submitting that the grounds of detention are vague and on the basis of such vague grounds, no prudent man can make an effective representation against those allegations. He said that the detaining authority has not prepared the grounds of detention itself which is a pre-requisite before passing the order.