Srinagar- The Excessive Court docket of J&Okay and Ladakh on Wednesday held that an individual can’t be detained underneath preventive detention on the idea of “completely imprecise and unsubstantiated allegations”.
A bench of Justice Sanjeev Kumar made the observations whereas quashing detention order underneath Public Security Act towards one Bashir Ahmad Koka, 49, of Achabal Anantnag handed by the Deputy Commissioner of the south Kashmir district in June final 12 months.
Apparently, the detaining authority had “primarily” detained Koka on the idea of allegations contained in FIR No. 11 of 2004 during which he was in the end acquitted by lengthy again. He had been earlier booked underneath PSA on the identical allegations and the courtroom had already quashed the sooner detention order in 2021.
“It’s on the idea of this FIR, as additionally the final allegations that due to his allegiance with proscribed terrorist organisation, there was apprehension that petitioner would disturb Holy Shri Amarnath Ji Yara, a detention order was handed towards the petitioner on nineteenth October, 2021. This order of detention ….. was quashed..,” the courtroom stated, including, “There’s nothing on file, extra notably within the order of detention, that after the petitioner (Koka) was launched pursuant to the order of this Court docket dated nineteenth April, 2022, the petitioner indulged in new actions until the passing of impugned order of detention.
There’s not even a whisper concerning the prejudicial actions, Koka indulged in w.e.f. nineteenth April, 2022, until the passing of order of detention dated twenty fifth June, 2022, the courtroom stated.
“I additionally see no purpose to press into service an FIR registered within the 12 months 2004, extra notably when the petitioner has already confronted trial within the aforesaid FIR and has been acquitted by the competent Court docket of jurisdiction,” the courtroom stated, including, “Apparently, the Detaining Authority has not proven any consciousness concerning the acquittal of the petitioner within the aforesaid FIR.”
It’s a “foregone conclusion”, the courtroom stated that the Detaining Authority didn’t think about the related materials to derive its subjective satisfaction with regard to the need of putting Koka underneath preventive detention.
“An individual can’t be detained underneath preventive detention on the idea of completely imprecise and unsubstantiated allegations,” the courtroom stated, including, “The Detaining Authority might have come clear with regard to the prejudicial actions, the petitioner had indulged in, after his launch from earlier detention pursuant to the order of this Court docket dated nineteenth April, 2022, until the passing of the impugned order of detention.”
Subsequently, the courtroom quashed the detention order PSA and ordered authorities to launch him forthwith from the preventive custody offered he isn’t required in every other case.
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