Jammu and Kashmir High Court (HC) has quashed twenty eight (28) detention orders under PSA (Public Safety Act) in the last few months but still many of them continue to remain behind bars.
The detention orders have been quashed by court on the grounds that no fresh activity has been found against the detainees.
Also, weak dossiers and execution of detention orders after a long gap of activity has led in quashing their orders.
In most of the cases, orders were quashed based on the ground that the ‘detaining authorities didn't allow detainee to make a representation against the detention order passed by government’.
Advocate Nasir Qadri said, "This is a black law that a detaining authority despite court orders detains a person without any reason. It is a mockery of the system,"
He added that PSA has been labeled as lawless law by Amnesty International “but still it is been slapped on single person multiple times.”
Supreme Court (SC) has also remarked that for the cause of justice, it is mandatory and vital to follow procedural safeguards. These procedural safeguards are required to be watched and enforced by the court and cannot be allowed to dilute the nature of alleged activities of detainee.
Senior advocate, Mir Shafkat Hussain said, “No law is being followed by detaining authorities. On previous charges, a detainee is being booked for PSA which is totally against law and its ethics.”
As per Article 21, the law guarantees right to life and liberty which is the fundamental provision to protect liberty and ensure life with dignity and Article 22 guarantees natural justice and provision of fair hearing to the arrested person.
“These rights are not enjoyed by the people here. It has become a norm now where court quashes the detention order and detaining authority is ready to slap another detention," he further added.