The J&K High Court on Wednesday quashed the Public Safety Act (PSA) slapped on Jamaat-e-Islami spokesman Advocate Zahid Ali Lone, on Wednesday.
The judgment was passed by the Justice Sanjeev Kumar of the High Court of J&K.
”That the impugned order of detention has been passed on same facts and for the same activities which were part of the grounds of detention in the earlier detention order passed against the detenue, which was quashed by this Court and, therefore, the same is not sustainable in law.” the judgment reads.
The Habeas Corpus petition which challenged the order was filed by Lone’s son.
“That the grounds of detention are vague, general and mostly pertaining to the alleged activities of the detenue as a member of Jamat-e-Islami, which came to be banned by the Government only when the detenue was already in custody of the respondents and there is no fresh activity attributed to the detenue after the ban of aforesaid organization.” the judgments read.
“That the detenue has been detained by the detaining authority on the ground that he had been pursuing the cases of the militants in the Court of Law. Performance of professional duties by a lawyer cannot be ground for detaining a person in preventive custody nor can such professional activities be considered prejudicial to the security of the State. “ the judgment further read.
PSA was slapped on the Jamat leader on 29 June last year.
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