High Court of Jammu Kashmir and Ladakh has quashed the detention of two persons from south Kashmir’s Anantnag district lodged in Central Jail Kot Balwal Jammu under the Public Safety Act (PSA).
The detainees – Muhammad Abbas Khan son of Nazir Ahmed Khan and Hadayat Ullah Kuttay son of Abdul Razak Kuttay, both residents of Liver Sri Gufwara Anantnag had been arrested in April last year and subsequently, shifted to Kot Balwal Jail under Public Safety Act.
The detention orders under PSA were issued by District Magistrate Anantnag vide numbers 07 and 08/DMA/PSA/DET/2022 dated 08.04.2022.
The duo was accused of being militant sympathizers.
The counsel for both the petitioners’ Advocate Bashir Ahmed Tak challenged the impugned order on the grounds that the allegations made on the grounds of detention are vague and non-existent and that there has been non-application of mind on the part of the detaining authority.
Advocate Bashir Ahmed Tak argued that the detaining authority has not attributed any specific allegation against the detainees. He contended that the detainees were arrested in old cases and on frivolous charges.
The court of Justice Vinod Chatterji Koul accordingly quashed the detention of both persons and ordered their release from the Kot Balwal Jail.
The court in its judgment said that detaining authority is directed to set the detenus at liberty forthwith provided they are not required in any other case.
