Srinagar- The High Court of J&K and Ladakh has quashed the detention order under Public Safety Act against an alleged member of drug mafia.
Allowing a petition filed by Mushtaq Ahmad Kumar of Bijbehara Anantnag, challenging his detention under PSA issued by Divisional Commissioner Kashmir on 20 December 2022, a bench of Justice Sanjay Dhar ordered authorities to release him forthwith if not needed in any other case.
“If we go to the grounds of detention, it is mentioned that the detenu (Kumar) is an active member of the drug mafia. In the grounds of detention, it is not mentioned as to who are the members of the drug mafia of which detenue is allegedly a member,” the court said, adding, “It is not discernible from the grounds of detention as to with whom the detenu is having close link/association.”
Thus, the allegations made in the grounds of detention are vague and lacking in material particulars, the court said.
“On the basis of these vague allegations, the detenu could not have made an effective representation against his detention,” the court said, adding, “Therefore, his right safeguarded under Article 22 (5) of the Constitution of India stands violated in the instant case, rendering his detention illegal and unsustainable in law.”
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