Srinagar- The High Court of J&K and Ladakh has upheld its Single Bench verdict by virtue of which it had quashed the detention order under Public Safety Act (PSA) against a youth from Ganderbal district.
The youth Aurang Zab Khan had been placed under preventive detention by District Magistrate Ganderbal (No. 06-DMG-PSA-2021) dated 22 October 2021 and he was ordered to be lodged in Central Jail here. The Court’s single bench had quashed the detention order in 1 August last year and ordered Khan’s release if not required in any other case.
The government challenged the order, claiming that Khan has “started working as OGW for the terror outfit TRF and is emerging a threat to the security of the country, especially to the U.T of J&K.”
“According to the learned counsel for the appellant, all the relevant material/documents were supplied to the detenue (Khan), however, on examination we find that in execution report that only six leaves have been furnished to the detenue, i.e., warrant, notice of detention, grounds of detention but the execution report and the affidavit sworn in by the Executing officer nowhere reflects that the dossier on which the Detaining Authority has relied upon while passing the detention order, have ever been furnished to the detenue,” a Division Bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi.
“Therefore, in whichever way we look at this issue, there has been non-compliance of the constitutional safeguards on the part of the Detaining Authority which vitiates the detention order,” the court said and held that there was no “illegality, perversity in the judgment dated 1st August, 2022, passed by the learned Single.”
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