HC Orders Release Of Youth Arrested In August 2019

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Srinagar: Jammu and Kashmir high court on Monday quashed detention order under Public Safety Act against Pulwama resident and directed his release from preventive custody forthwith after over one year and ten months.

A bench of Justice Ali Mohammad Magrey quashed the detention order against Tanveer Ahmad Shergojri son of Gulzar Ahamd Shergojri of Checkpora Newa Tehsil Pulwama after hearing his counsel and additional advocate general for the government.

“The only precious and valuable right guaranteed to a (detainee) is of making an effective representation against the order of detention,” the court said in the judgment reserved June 3.

“Such an effective representation can only be made by a (detainee) when he is supplied the relevant grounds of detention, including the materials considered by the detaining authority (deputy commissioner Pulwama) for arriving at the requisite subjective satisfaction to pass the detention order,” the court said.

“Since the material is not supplied to the (detainee), the right of the (detainee) to file such representation is impinged upon and the detention order is resultantly vitiated.”

Examining the present case on the touch stone of the settled position of law and perusal of record, the court said that the detainee was not supplied the materials relied upon by the detaining authority.

“The (detainee) was provided material in the shape of grounds of detention with no other material / documents. On these counts alone, the detention of the (detainee) is vitiated, the (detainee) having been prevented from making an effective and purposeful representation against the order of detention,” the court said and quashed the PSA order against Tanveer passed on 7 August 2019 and subsequently ordered his release from preventive custody “forthwith”. (GNS)

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