HC quashes Bijbehara man’s PSA detention

Srinagar, May 5: Underscoring that the detaining authority or the government is under legal obligation to consider representation of a detainee, the High Court of J&K and Ladakh Tuesday quashed the preventive detention of a man from Anantnag District’s Bijbehara under the Public Safety Act (PSA). A Bench of Justice M A Chowdhary while quashing detention order under PSA against Tariq Ahmad Rah (35) of Gundnowroz, Bijbehara noted that Article 22(5) of the Constitution of India casts legal obligation on the Government to consider the detenue’s representation as early as possible.

“It is obligatory for the detaining Authority or the Government, as the case may be, to consider the representation of the detenue and pass appropriate orders thereon”. While the court held that there should be no slackness, indifference and callous attitude in consideration of the representation of a person who is detained, it said: “Even unexplained delay would render the continued detention of the detainee as illegal”.  Every day delay in dealing with the representation has to be explained and the explanation offered must be reasonably indicating that there was no slackness or indifference, the court said. The court noted that although the detainee had submitted a representation against his detention in June 2025 to both the Government and the District Magistrate Anantnag, the same was not considered. “This amounted to a clear violation of Article 22(5) of the Constitution”.

The detention order, issued on May 16, under Section 8 of the J&K Public Safety Act, had been based primarily on two FIRs registered at Police Station Bijbehara involving allegations of cheating. The court held that apart from these cases, no substantive material or specific activities prejudicial to public order were cited. Allowing Rah’s habeas corpus plea, the court quashed his detention and ordered that the detainee be released forthwith, provided he was not