Jammu: Jammu and Kashmir High Court Wednesday quashed the Public Safety Act detention of Syed Asiya Andrabi, Chairperson of Dukhtaran-i-Millat and her close associate Fehmida Sofi with the direction to release them from the preventive custody forthwith.
Quashing the detention order, Justice MK Hanjura after hearing Advocates observed that order speaks volumes about the complete lack of application of mind.
‘’The very foundation of the order of extension of the period of detention is the recommendation made by the Inspector General of Police (IGP), CID, who is completely unknown to the provisions of law contained in the JKPSA,’’ the Court observed.
Justice Hanjura further observed that the order of detention made either by the Divisional Commissioner or by the District Magistrate, has to be confirmed by the Government within a period of 12 days as otherwise it will lose its sanctity.
He also observed that life and liberty of the citizens of the State are of paramount importance.
In the present petition, the detention order does not stand these tests both in being passed and in following the procedure and with these observations the High Court quashed the order of detention under PSA and directed the release of detenues forthwith from the custody.
