HC quashed PSA on Cleric Mushtaq Veeri

HC quashed PSA on Cleric Mushtaq Veeri

PSA questioned as Veeri was already in detention’


The J&K High Court on Monday overturned Public Safety Act (PSA) detention order against cleric Mushtaq Ahmed Veeri citing that he was already in police custody when the PSA order was issued.

The court noted that it was non-application of mind of the detaining authority to pass such an order.

Meanwhile, the court also struck down PSA detention orders against Tariq Ahmad Tantray of Reban Sopore, Irfan Ashraf Dar of Reban Sopore, Akhter Rasool Lone of Reban Sopore, Umar Ahmad Dar of Old Town Baramulla and Nasir Ahmad Ganie of Palhalan Pattan.

Justice Rashid Ali Dar while overturning the detention order bearing no.81/DMA/PSA/DET/2018 dated 12 March 2019 passed by District Magistrate, Anantnag against Veeri held that whenever preventive detention is called in question in a court of law, the first and foremost task before the court is to see whether procedural safeguards guaranteed under Article 22 (5) of the constitution of India and preventive detention law pressed into service to slap the detention are adhered to.

“The detaining authority has failed to hold such safeguards and in much this PSA detention order is not valid and doesn’t stand in the eyes of law, thus quashed,” the court said.

The petition challenging the Veeri’s PSA detention was moved by his father through counsel Shafkat Nazir, who submitted before the court that PSA had been slapped without following the law.

The counsel challenged the detention order in view of the fact that the detainee was already in police custody in case FIR no.168/2018.

The counsel submitted that the detention order was passed “at the behest and instance of SSP Anantnag and the subjective satisfaction which is sine qua non for passing of the order was drawn by the SSP and not by the DC Anantnag, which is not permissible under law”. “The grounds are vague, irrelevant and non-existent in the eyes of law,” the counsel stated.

Nazir also told the court that Veeri was a religious preacher, the organisation he belongs is not banned, and that he has been implicated in frivolous cases.


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