The High Court of Jammu Kashmir quashed four detention orders under the Public Safety Act (PSA), citing insufficient consideration by the detaining authority.
Consequently, Ashiq Hussain Sheikh from Bhaderwah Doda, Yawar Ahmad Bhat from Pulwama, and Sageer Ahmad and Tariq Ahmad Sheikh from Srinagar were ordered to be released.
The court’s decision stemmed from its observation that the detaining authority failed to provide compelling justifications for the detentions, emphasizing that preventive detention shouldn’t substitute criminal proceedings.
In the case of Yawar Ahmad Bhat, the court criticized the “sweeping and generalised nature” of the dossier, noting that the grounds for detention were merely copied from police records.
Additionally, concerning Sageer Ahmad and Tariq Ahmad Sheikh, the court highlighted the detaining authority’s failure to consider all relevant facts, stressing the importance of presenting complete information.
The court emphasized, “Preventive detention cannot replace criminal proceedings,” and noted that the detaining authority’s failure to supply all relied-upon material renders the detention order illegal.