HC quashes PSA detention of 3 persons

Srinagar, Nov 17: The High Court of Jammu & Kashmir and Ladakh Friday ordered immediate release of three persons while quashing their detention under Public safety Act (PSA).

Allowing their separate habeas corpus petitions, a bench of Justice Sanjay Dhar quashed detention orders under PSA against Suhail Ahmad Malla and Umar-ul-Islam both residents of Kulgam besides Wani Adil Yousuf of Koil district Pulwama. The court directed the authorities to release the detainees from preventive custody forthwith if they were not required in other cases.

While Malla was booked under PSA in terms of an order dated 08.04.2022 passed by District Magistrate, Umar ul Islam was detained by virtue of an order dated 20.06.2022 issued by the Magistrate.

Wani was detained on the basis of an order dated 13.05.2022 passed by District Magistrate, Pulwama.

With regard to the detention of Malla, the court observed that a perusal of the grounds of detention revealed that the incidents referred therein pertained to the year 2019, that is more than four years prior to the passing of the order of detention. “There is no reference to any recent incident involving the petitioner in the grounds of detention. Thus, it is clear that the order of detention has been based on past and stale incidents”.

While the court noted that there had to be a live and proximate link between the past conduct of the detenue and the activities alleged to be prejudicial to the maintenance of security of the state, it said, “In the instant case, the said link is completely missing as the time between the order of detention and the incident referred to in the grounds of detention is far too large to presume such a link”.

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“The impugned order of detention, therefore, cannot be sustained,” the court said and quashed the detention against Malla.

Similarly, the court on the basis of the grounds raised in their pleas quashed the detention of Umar ul Islam and Wani.

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