The Jammu Kashmir High Court quashed the “preventive” detention of five Kashmiris including four residents of south Kashmir.
Reports reaching The Kashmiriyat said that High court observed that the detention order was based on such “vague and stale grounds” and is not sustainable, for the reason that the detaining authority before passing the order has not applied its mind to draw subjective satisfaction to order detention of the detenue by curtailing his liberty.
The High court also said that non-consideration or an unreasonably belated consideration of the representation tantamount to non-compliance of Article 22(5) of the Constitution, which in turn renders the detention unsustainable in law.
The five detainees were identified as Muzaffar Ahmed Rather, Bilal Ahmed Sofi and Nazir Ahmed Sofi, all residents of Kulgam’s Yaripora. Muzaffar was detained since 08 April, 2022, Asif since 25 June 2022 and Bilal Ahmed Lone since 14 July 2019.
Bilal Ahmed Dar and Nazir Ahmed Sofi were detained since 20 October, 2021 and 07 February 2023 respectively under anti national charges. from acting in any manner prejudicial to security, sovereignty and integrity of the State.