Srinagar, June 5, KDC: The High Court of Jammu and Kashmir and Ladakh has abolished a second preventive preventive order (PSA) against a person from Kulgam district of South Kashmir, stating that it was said that “there is no strike twice” proved to be wrong in the case.
According to the High Court, as a report was reported by the Srinagar -based news assembly agency Kashmir.com, Yasir Fayz Raha, two gradual custody was held on the same basis, both were found legally faulty and procedurally defective.
On December 25, 2024, the second preventive preventive order issued by District Magistrate (DM), Kulgam detained Yasir Fayz Raha on 31 October 2024 to prevent him from engaging in prejudice activities for security of the state. However, this second order reflected the first, which was removed by the High Court on a similar basis in December 2021.
A single bench of Justice Rahul Bharti, investigating both detention orders, said that the inauguration line was the same: “While the Superintendent of Police, Kulgam on the basis of the detention placed before me …”
Justice Bharti said that it was an important fault in both orders, as District Magistrates, as a custody authority, instead of legally rely on the basis prepared by the police, there is a need to create a base for prevention independently.
The first detention order, number 09/DMK/PSA/2021, was challenged by Yasir Fayz Raha, a writ petition, WP (CRL) at number 256/2021, and Quishing by the High Court in December 2021. Despite the clear predecessor set by this ruling, to determine each other in December 2024. In its judgment, the High Court condemned repeatedly disregard for the legal structure controlling preventive custody.
The court noticed that the legal process around preventive custody was not properly followed, and such arbitrary action was to violate the fundamental rights of the petitioner.
Justice Bharti ended the second PSA order with all the respective government orders and expansion orders, with “illegal” and “unstable”.
The court directed the immediate release of Yasir Phase road from Central Jail, Srinagar, or any other facility, where it has been transferred. (KDC)