Srinagar, The High Court of Jammu and Kashmir has overturned five detention orders issued under the Public Safety Act (PSA), ordering the immediate release of the detainees unless they are required for other legal proceedings. This decision marks a significant judicial response to concerns over preventive detention practices in the region.
According to Kashmir Media Service, Justice Sanjay Dhar ruled against the PSA orders for Ikhlaq Gulzar Thokar, Ajaz Ahmad Khan, Javaid Ahmad Kaloo, and Tahir Shameem Lone, issued by the District Magistrates of Shopian, Ganderbal, Srinagar, and Shopian respectively. Justice Moksha Kazmi annulled the order against Mufeez Ahmad Zargar from Pulwama. The court criticized the lack of sufficient reasoning by the detaining authorities and the non-observance of legal protections against arbitrary detention.
The court specifically pointed out that the detention of Ajaz Ahmad Khan, related to the Shri Amarnathji Yatra of 2022, was unnecessary after the event had passed. Additionally, the judges emphasized the legal requirement to provide detainees with the materials justifying their detention, noting failures in this process as grounds for quashing the orders.
In the cases of Kaloo and Lone, the court highlighted procedural lapses and the failure to consider the detainees’ existing bail statuses in other cases, further questioning the justification for their continued detention under the PSA.