High Court of J&K and Ladakh quashes PSA detention of two persons, terms orders ‘vague’

Our Correspondent

Srinagar, May 1

The High Court of J&K and Ladakh on Tuesday quashed the detention of two persons booked under the Public Safety Act and directed the authorities to release them from custody. The court in two separate judgments described the detention orders passed by two different district magistrates as vague.

While quashing the detention of a detainee, Tariq Ahmad Napa, whom District Magistrate, Baramulla, booked on September 15, 2022, a single bench of Justice Rajesh Sekhri said the detention order due to the vagueness of the allegations was not sustained in the eyes of law. It directed the authorities to release him from custody if he was not required in any other case.

In another case, a bench of Justice MA Chowdhary quashed a detention order against Suhail Ahmad Shah of Shah Mohalla Panzinara, Srinagar. District Magistrate, Srinagar, had passed the detention order on June 27, 2022.

“The detaining authority while detaining the detenue has been negligent in observing the safeguards as are available constitutionally and statutorily, by not furnishing whole of the material on which detention order was based, incapacitated the detenue to make an effective and meaningful representation,” the court said.

While directing authorities to set the detainee free, the Court said the detention order was based on vague grounds, which showed non-application of mind to reach subjective satisfaction for passing the same to curtail the cherished right of liberty of the detainee.

HC stays defamation proceedings

Jammu: A High Court Bench of Justice Vinod Chatterji Koul has stayed the proceedings before the Court of City Judge, Srinagar, in a criminal defamation complaint filed by Dharmarth Trust against former employees Pritam Sharma, Karnail Chand and Kamal Kishore Sharma.

After hearing counsel for the petitioners, Justice Koul issued notice to the Dharmarth Trust through its additional secretary, Varinder Singh Jamwal, J&K Dharmarth Trust Regional Office, Gadadhar Temple, Old Secretariat, Srinagar, and subject to objections and till next date before the Bench, stayed the proceedings in case titled Dharmarth Trust vs Pritam Sharma and Ors. — OC

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