Srinagar, May 23: The High Court of Jammu and Kashmir and Ladakh has quashed the detention of a 26-year old youth under the contentious Public Saying Act observing that the Authority has not sifted the material dossier while stating grounds of detention.
The court further said that in this case ‘non-application of mind is evident.’
The District Magistrate, Shopian by Order No. 132/DMS/PSA of 2022 dated 5.06.2022 placed Irfan Ahmad Kuttay son of Gulshan Ahmad Kuttay of Chattipora, Shopian under preventive detention to prevent him from acting in any manner prejudicial to the security of the Jammu and Kashmir and lodged him in District Jail, Baramulla.
The petitioner (detenue’s father) through his Counsel pleaded that detenue had been arrested in an old case for which the court had already granted him bail and quashed his detention under PSA.
The petitioner pleaded that after the quashment of PSA, the District Magistrate Shopian without any rhyme or reason detained Irfan Ahmed again under PSA in the same FIR.
The Court of Justice Puneet Gupta observed that the invasion of personal liberty is not permissible when no cogent reason is forthcoming. “The incidents related before the passing of the earlier order and in the second order of detention are no different. Right to life and liberty cannot be enchained to actions which are not justified,” the court observed and ordered the release of detenue Irfan Ahmed from District Jail Baramulla. [KNT]
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