Srinagar, February 03 : In Indian illegally occupied Jammu and Kashmir, the High Court has quashed the illegal detention of two youth booked under draconian law, Public Safety Act (PSA).
The court while quashing the PSA detention order of Umar Yousuf Naik and Mumtaz Ahmad Balgati said that the detainees were already in custody when the detention order was executed.
In case of Yousuf Naik, the court recorded that on the date of detention the detenue was already in jail. It maintained that it was incumbent on the detaining authority to indicate compelling reasons for invoking PSA on the detenue and placing him under detention.
In case of Balgati, the court maintained that the detention order was passed on 25 November 2019 but was executed on 28 December 2019 without giving any proper explanation for the delay in the execution.
“Once the petitioner was in custody, the detention order could have been executed without any delay upon the detenue. It is not that the detention order can be executed as per the convenience of the authority but has to be executed at an earliest unless there are reasons which delayed the execution of the detention order,” the court said.