Srinagar- The High Court of J&K and Ladakh on Tuesday quashed detention orders under Public Safety Act against two detainees and ordered their release if nor needed in any other case.
“It is manifest on a plain reading of Article 22(5) of Constitution of India that it consists of two parts. While first part gives a right to a detenue to be furnished with grounds on which the order has been made as soon as may be, the second part provides a right to the detenue to be afforded earliest opportunity of making representation against the order of detention,” a bench of Justice Rajesh Sekhri while quashing detention order (No.76/DMB/PSA/2022) dated 15 September 2022, passed by District Magistrate Baramulla against Tariq Ahmad Napa.
“It appears that the grounds of detention furnished to the detenue (Napa) in the present case are mere conclusions drawn by the detaining authority based on some material or reports received from the field agency, however, detaining authority has withheld said details for the reasons best known to it, but it prevented the detenue from making an effective representation, which is violative of Article 22(5) of the Constitution of India,” the court said and ordered that detention order due to vagueness of allegations does not sustain in the eyes of law.
“Hence, present petition is allowed and impugned detention order is set aside,” the court said, adding, “As a result, detenue, namely, Tariq Ahmad Napa is directed to be released from the custody.”
Meanwhile, Justice M.A. Chowdhary quashed detention order (No. DMS/PSA/72/2022) passed by district Magistrate on 27 June 2022 by virtue of which Suhail Ahmad Shah alias Sahil of Shah Mohalla Panzinara, Srinagar was ordered to be detained and lodged in Central Jail, Jammu.
“The detaining authority while detaining the detenue has been negligent in observing the safeguards as are available constitutionally and statutorily, by not furnishing whole of the material/record, on which detention order was based, incapacitated the detenue to make an effective and meaningful representation,” the court said, adding, “Besides the detention order is based on vague grounds, which shows nonapplication of mind to reach subjective satisfaction for passing the same to curtail the cherished right of liberty of the detenue.”
Subsequently, the court quashed the detention order and directed authorities including Jail Superintendent concerned, to release Shah forthwith provided he is not required in any other case(s).
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