The High Court oft Jammu and Kashmir and Ladakh has quashed the detention of a South Kashmir youth lodged in Agra Jail of Uttar Pradesh under the Public Safety Act.
After being arrested by police in 2020 the accused Jahangeer Ahmad Malik son of Ghulam Qadir Malik, a resident of Kiloora Shopian was shifted to Kathua Jail where from he was taken to outside Jammu and Kashmir and detained at Agra Jail.
The Counsel for the accused, Advocate Bashir Ahmed Tak argued that the detaining authority has not attributed any specific allegation against the detenue. Furthermore, it was also stated that the detenue has been incapacitated in filing a representation as the grounds of detention were not in a language which could be understood by the detenue.
The Counsel for the detenue as per news agency Kashmir News Trust contended that the detenue was detained in old cases for which the court had already bailed him out.
The court of Justice Muhammad Akram Chowdhary observed that the detaining authority has based his detention order on old cases without mentioning the fact that detenu had already been released on bail in those cases by court of competent jurisdiction, which reflects non-application of mind on the part of detaining authority.
“Detention Order vide number 94/DMS/PSA/2021 dated 18.10.2021, passed by District Magistrate, Shopian is quashed. Respondents, including concerned Jail Superintendent, are directed to release the detenu forthwith, provided he is not required in any other case,” the court said.
