Srinagar: The High Court of J&K and Ladakh quashed two detention orders while upholding one citing non-application of mind from the detaining authority.
Justice Sanjay Dhar while hearing the habeas corpus plea of one Abdul Majid Shah who came to be detained by the district magistrate of Pulwama in 2024 under Public Safety Act for activities alleged to be prejudicial to public order recorded that the grounds of detention do not bear any reference to the fact that the petitioner had already been admitted to bail in FIR No.53/2023 registered with Police station Pulwama in terms of the order passed by the court of competent jurisdiction.
“The non-mentioning of this important fact in the grounds of detention exhibits non-application of mind on the part of the detaining authority. This shows that the detaining authority has not meticulously examined the record while passing the impugned order of detention which renders the same unsustainable in law,” Justice Dhar said.
In another plea, Hilal Ahmad Parray came to be detained by the district magistrate of Bandipora on the same grounds where court noted hat the petitioner had already been admitted to bail in FIR Nos. 47/2016, 52/2016 and 34/2017 registered with police station Hajin in terms of the orders passed by the court of competent jurisdiction.
“The non-mentioning of this important fact in the grounds of detention exhibits non-application of mind on the part ofdetaining authority. This shows that the detaining authority has not meticulously examined the record while passing the impugned order of detention which renders the same unsustainable in law,” court said.
The court quashed the detention orders and directed for their immediate release, if not wanted in any other case.
However, the Court in the case of Owais Farooq Ganaie who came to be detained in 2023 by the district magistrate of Pulwama declined to quash his detention order as court recorded that detaining authorities had well-furnished material documents to him while explaining the contents of detention in Urdu and Kashmiri and he has made a representation before the district magistrate which came to be rejected and he was informed for the same.
“For the foregoing reasons, I don’t find merit in the plea and same is dismissed,” justice Dhar said.
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