J&K High Court has quashed detention order of a man from south Kashmir’s Shopian district who was booked under Public Safety Act (PSA) in August last year.
Allowing his habeas corpus petition, a bench of Justice Tashi Rabstan directed the government to release Parvaiz Ahmad Kuchay of Bongam, Shopian forthwith from preventive custody if not required in any other case.
The court held that in the present case the detaining authority has intriguingly made use of both expressions “prejudicial to security of the state” as well as “prejudicial to maintenance of public order”.
The detention order dated 10.08.2019 depicted non-application of mind on part of detaining authority, the court said, adding that the reliance “on both the bases in the grounds of detention furnished to detenu is to be held illegal one and as a corollary thereof impugned order is vitiated”.
