Srinagar: The High court of J&K and Ladakh ruled out that a detention of a person cannot stand alone on the verbatim of police dossier.
The court of M A Choudhary while quashing detention order of a Pulwama resident recorded that mere stating that the accused is involved in aiding and supporting anti-national activities and not providing any concrete material to support the argument is general and vague.
The court recorded that from the detention record the petitioner has been shown as over ground worker of terrorist organization, alleging that he was providing shelter and logistic support to the terrorists of the said outfit.
However, court noted that without disclosing name of any terrorist organization or any specific incidents or activities of the petitioner as to when, how and where the said logistic support was provided by the petitioner to the terrorists, therefore, the allegations on which the detention order has been passed are general and vague.
“The detention order based on such vague grounds 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 ,” court said.
Justice Choudhary allowed the petition and set aside the detention order passed by District Magistrate Pulwama.
“As a sequel, personal liberty of the detenue namely Faisal Ahmad Bhat resident of Malangapora Tehsil Awantipora, district Pulwama is restored forthwith, provided he is not wanted in any other cases,” Justice Choudhary said.
