Justice Sanjay Dhar set aside the Public Safety Act (PSA) orders against Tawseef Ahmad Parray, Jahangir Ahmad Malik, Tawseef Ahmad Sheikh, and Mohammad Ishaq Tantray, who were detained by the district magistrates of Baramulla, Shopian, Kulgam, and Anantnag for allegedly engaging in activities harmful to state security. The court ruled that the claims by Parray, Malik, and Sheikh, who stated they were not provided with all the material relied upon for their detention, were valid. This failure violated essential safeguards against the arbitrary use of preventive detention laws, rendering their detention orders legally invalid. In Tantray’s case, the court found that although he had submitted a representation against his detention, he was never informed of the outcome. While the Home Department had communicated the rejection of his representation to the detaining authority, there was no proof that Tantray was informed. The court concluded that this omission justified quashing his detention order. The detainees were ordered to be released unless required in any other case.
04 PSA Detention Orders Quashed by Highcourt, Orders Immediate Release of Said Prisoners
