Home Courts High Court quashes PSA of Asla

High Court quashes PSA of Asla


JAMMU: Justice Rajnesh Oswal has quashed Public Safety Act (PSA) order passed by Deputy Commissioner Samba ordering detention of Harbans Singh Asla. The Court passed the order after hearing A K Sawhney Advocate for the petitioner and Aijaz Lone Dy Advocate General for the respondents.
Sawhney submitted before the Court that petitioner has challenged the public safety order on various grounds and urged before the court that neither any ground was furnished to detain petitioner nor any document was supplied as the basis of detention.
Advocate A K Sawhney submitted that the impugned detained order that the impugned detention order was arbitrary, illegal and does not comply with the requirements of Public Safety Act.
Justice Rajnesh Oswal in his significant judgment observed that a perusal of detention order reveals that there is non-application of mind on the part of the detaining authority. “Even if the order of detention is read in conjunction with grounds of detention, it is evident that the grounds of detention are the verbatim reproduction of dossier. The detaining authority was required to apply its mind independently with regard to the material placed before it so as to derive satisfaction that it has become necessary to detain the petitioner. But the same has been done in instant case,” he observed, and quashed detention order No. 02/PSA of 2020 dated July 17, 2020.



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