By Excelsior Correspondent
Srinagar, February 15: The High Court has annulled four detention orders issued under the Public Safety Act (PSA) and ordered their immediate release. Justice Sanjay Dhar voided the PSAs for Tawseef Ahmad Parray, Jahangir Ahmad Malik, Tawseef Ahmad Sheikh, and Mohammad Ishaq Tantray, who had been detained by the District Magistrates of Baramulla, Shopian, Kulgam, and Anantnag to prevent them from engaging in activities deemed harmful to state security.
In his ruling, Justice Dhar noted that the claims made by Parray, Malik, and Sheikh regarding the incomplete disclosure of evidence used by the detaining authorities were valid. This lack of transparency violated key protections against the arbitrary use of preventive detention, rendering the detention orders legally unsound.
Concerning Tantray’s situation, the court found that although he submitted a representation against his detention, the response had not been communicated to him. Records indicated that the Home Department had informed the detaining authority of the rejection of his representation via a letter dated June 10, 2024, but no evidence was provided showing that Tantray was notified of this decision.
The failure to timely inform the detainee about the rejection of his representation is sufficient grounds to invalidate the detention order. “Accordingly, the petitions are granted, and the contested detention orders are annulled. The detainees are to be released from preventive custody immediately unless they are needed in connection with any other case,” the court ordered.
