Srinagar, Jan 4: A Division Bench of the High Court of Jammu and Kashmir and Ladakh has quashed the detention of a South Kashmir youth lodged in Agra Jail of Uttar Pradesh under the Public Safety Act (PSA).
After being arrested by police in 2022 the accused Rayees Ahmed Sofi son of Ghulam Qadir Sofi, a resident of Gagrin Shopian was shifted to Central Jail Agra. He is an Auto-Driver by profession.
The Counsel for the accused, Advocate Bashir Ahmed Tak argued that the detaining authority has not attributed any specific allegation against the detenue. Furthermore, it was also stated that the detenue has been incapacitated in filing a representation as the grounds of detention were not in a language that could be understood by the detenue.
The Counsel for the detenue, contended that the detenue was detained in old cases and on charges of ‘fake’ stone-pelting.
The Division Bench comprising Justice Muhammad Akram Chowdhary and Justice Sanjay Dhar observed that the detaining authority has based his detention order on old cases without mentioning the fact that detenue had already been released on bail in those cases by court of competent jurisdiction, which reflects non-application of mind on the part of detaining authority.
“Detention Order vide number 95/DMS/PSA/2022 dated 24.01.2022, passed by District Magistrate, Shopian is quashed. Respondents, including concerned Jail Superintendent, are directed to release the detenu forthwith, provided he is not required in any other case,” the court said. [KNT]
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