Srinagar, Aug 4: The High Court (HC) Wednesday quashed the detention of a man from central Kashmir’s Budgam district who was booked under the Public Safety Act (PSA) in 2019.
Quashing the detention order passed by District Magistrate Budgam against Showkat Ahmad Tantray on 8 August 2019 under the PSA, a bench of Justice Dhiraj Singh Thakur directed the government to release him forthwith if he was not required in any other case.
In his habeas corpus petition, Tantray through counsel Shah Ashiq had contended before the court that the order of detention suffered from total non-application of mind as the detaining authority in its order had not at all reflected knowledge of the fact that on the date of the passing of the order, the petitioner was already in the custody in connection with an FIR (137/2019) registered at Police Station Chadoora.
On behalf of the petitioner, counsel Ashiq argued that the maximum period of detention in regard to a person detained in terms of Section 8 of the PSA was two years.
“Since the order of detention was passed on 8 August 2019, it was coming to an end on 8 August 2021,” he said.
The court said that the respondents had not produced any material, which would show reasons to justify the detention of the petitioner even when he was already in custody on the date of the passing of the order.
It said that the order of detention was unsustainable in law and with this conclusion set it aside.