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J-K High Court quashes PSA detention of ex-policeman, says authorities did not apply their mind
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The Indian Express
The J&K and Ladakh High Court has quashed the detention of former police constable Jaffer Hussain Butt under the Public Safety Act (PSA), saying the detaining authority had not applied its mind while passing the directing order.
The court also said the likelihood that an “under-trial prisoner was likely to get bail” was not ordinarily grounds for preventive detention.
A constable of the Jammu and Kashmir Police, Butt had been dismissed from service in September 2021 for alleged terror links.
This exhibits non-application of mind…”The court observed that the detaining authority cannot simply reiterate what is written in the dossier, but must apply its own mind while formulating the grounds for detention.
The court also observed that the detaining authority was apprehensive of the detenu getting bail and subsequently committing criminal activities.