Monday, September 30News and updates from Kashmir

Court quashes PSA detention of two south Kashmir residents

The High Court of Jammu Kashmir quashed two orders under the Public Safety Act, (PSA) emphasizing that a detention order mirroring the dossier indicates a “non-application of mind by the detaining authority.”

Dismissing detention order (No 50/DMK/PSA/2022), dated June 25, 2022, against Shabir Ahmad Khanday of Kulgam, a bench of Justice M A Chowdhary referred to a Supreme Court judgment, stating that the “liberty of a subject is a serious matter and is not to be trifled with in this casual, indifferent, and routine manner.”

Citing a case titled ‘Jai Singh & Ors vs State of Jammu & Kashmir’ (AIR 1985 SC 764), the court noted that “if the detention order is a verbatim copy of the dossier, it speaks about non-application of mind by the detaining authority” and ordered Khanday’s immediate release unless required in connection with other case(s).

The court also annulled detention order (No. 02/DMP/PSA/22) dated April 7, 2022, against Aamir Amin Dar, stating that when a detention order has been quashed by the court, the grounds of said detention order should not be considered for passing a fresh order, and ordered Amir’s immediate release unless required in any other case.

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